CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The DGAC has issued AD F-2005-033 affecting Eurocopter AS 355 aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AS 355/85, which will become effective on 22 February 2005.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head - Airframes/Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation activities within Australia and to ensure the safety and efficiency of air navigation. This Act provides the legislative framework for the regulation of aircraft and aviation operations, allowing for the creation of detailed regulations to address specific issues as they arise. The Civil Aviation Regulations 1998 were made under the authority of the Act, and include provisions for the issuance of airworthiness directives (ADs). ADs are legislative instruments issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). These directives are often issued in response to findings by the State of Design or other contracting states, and CASA is required to assess and implement these directives to maintain safety standards. The policy objective of these regulations is to harmonise Australian civil aviation practices with international standards while ensuring the safety and efficiency of air navigation within Australia.
Scope and Application
The Civil Aviation Act 1988, alongside the Civil Aviation Safety Regulations 1998, mandates the issuance of airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, under the authority of the Governor-General and the Civil Aviation Safety Authority (CASA). These directives are legislative instruments that serve to ensure the safety of air navigation. The ADs are a form of continuing airworthiness information, with the State of Design bearing overall responsibility for providing necessary information to the State of Registry to maintain airworthiness. In the case of Australia, CASA, as the national airworthiness authority, assesses information from the State of Design and issues Australian ADs as required. For instance, in response to a French AD for Eurocopter AS 355 aircraft, CASA issued AD/AS 355/85, reflecting Australia's obligations under the Convention on International Civil Aviation. This process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The AD is issued under the authority of CASA, in accordance with the Civil Aviation Act 1988, highlighting the international and national interplay in ensuring aircraft safety.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance and enforcement of airworthiness directives (ADs) in Australia, as stated in section 98 of the Act and regulation 39.001 of the Regulations (39.001(5)). An AD is a legislative instrument that can be issued by the Civil Aviation Safety Authority (CASA) for particular types of aircraft or aeronautical products. It is designed to ensure the continuing airworthiness of aircraft, which is a critical aspect of aviation safety. These ADs are issued in accordance with international standards set by Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design has overall responsibility for the airworthiness of an aircraft type and must provide necessary information to States of Registry. The State of Registry, in this case CASA, must then ensure the aircraft's ongoing airworthiness by adopting or developing the appropriate requirements.
Under this regulatory framework, CASA is obligated to assess any ADs issued by the State of Design for aircraft registered in Australia. If CASA determines that an AD is appropriate, it must issue a corresponding Australian AD to mandate the necessary requirements. This process is exemplified by AD F-2005-033 issued by the French Directorate General for Civil Aviation (DGAC) concerning Eurocopter AS 355 aircraft, which is the State of Design for this type. CASA assessed this AD and issued Australian AD/AS 355/85, effective from 22 February 2005. Given that this AD is a response to international obligations and the AD issued by the State of Design, no public consultation was required, and the Office of Regulatory Review determined that it does not necessitate a Regulatory Impact Statement.
The Act and Regulations impose specific obligations on CASA and the State of Registry to ensure that ADs are issued and enforced appropriately. CASA must carefully assess the ADs from the State of Design and issue corresponding Australian ADs if necessary. Additionally, the State of Registry is responsible for implementing the requirements of any ADs to maintain the airworthiness of the aircraft. Failure to comply with these obligations can lead to significant consequences. Any non-compliance with the ADs can result in severe penalties, both civil and criminal. While the exact penalties are not detailed in the provided text, it is clear that enforcement of ADs is critical to maintaining the safety and airworthiness of aircraft in Australia.