CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY 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 European EASA issued AD 2006-081 superseding French DGAC AD F-2005-043, affecting Eurocopter AS355 helicopter in 2006. France is the State of Design for Eurocopter helicopters. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 1. The amended AD, AD/AS 355/86 Amendment 1, will become effective on 8 June 2006. This AD cancels and replaces the previous issue.
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 Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to provide a comprehensive legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the sector. This Act empowers the Governor-General to create regulations in the interests of air navigation safety. In particular, the Civil Aviation Safety Regulations 1998 were established under section 98 of the Civil Aviation Act 1988, granting the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments that mandate specific actions to maintain the airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The policy objective of these regulations is to harmonise Australia's aviation safety standards with international norms, thereby ensuring that Australian-registered aircraft meet the required safety criteria.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish a comprehensive framework for ensuring the safety of air navigation in Australia. These laws empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to maintain or improve safety standards. The ADs are legislative instruments that hold significant regulatory power, and their issuance is influenced by international obligations under ICAO standards, particularly from the State of Design for a given aircraft type. The State of Registry, in this case CASA, is responsible for ensuring that ADs issued by the State of Design are appropriately adopted or adapted for Australian conditions. The ADs are thus not subject to public consultation or a Regulatory Impact Statement, reflecting their technical nature and the necessity for swift regulatory response to emerging safety issues. The ADs are issued under the authority of the Act and are subject to disallowance by Parliament, reflecting their legislative significance.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are a legislative instrument and a disallowable instrument under section 46A of the Acts Interpretation Act 1901. This regulatory power is exercised under section 98 of the Civil Aviation Act 1988, ensuring that safety in air navigation is upheld. The ADs serve as a key mechanism for maintaining the continuing airworthiness of aircraft types, aligning with the responsibilities of the State of Design and State of Registry under Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these ADs primarily fall on CASA, which must assess any airworthiness information provided by the State of Design and issue corresponding Australian ADs as necessary. The State of Registry, in this case CASA, is mandated to develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within Australia. This includes the responsibility to cancel and replace existing ADs with new ones when relevant information is issued by the State of Design, as seen in the case of the Eurocopter AS355 helicopter. The AD 2006-081, issued by the European Aviation Safety Agency (EASA), prompted CASA to amend the Australian AD to Amendment 1, which superseded the previous directive.
Failure to comply with the requirements set forth in these ADs can lead to significant consequences. While the specific offences and penalties are not detailed in the provided text, the issuance of ADs and their importance in ensuring air safety suggest that non-compliance could result in severe regulatory action. Such actions could potentially include fines, suspension or revocation of airworthiness certificates, and other civil or criminal penalties as prescribed by the relevant aviation safety laws. The authority to issue these directives and the gravity of their implications underscore the critical role of compliance in maintaining the safety standards of air navigation in Australia.