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 EASA has issued AD 2006-0164 affecting Eurocopter AS 350 and AS 355 model aircraft. EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ECUREUIL/111 Amendment 1 and AD/AS 355/87 Amendment 1, which will become effective on 28 June 2006. These ADs cancel and replace the previous issues.
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, serves to regulate civil aviation within Australia, aiming to ensure the safety and efficiency of air navigation. One of the mechanisms through which the Act achieves this is via the issuance of airworthiness directives (ADs), which are regulatory instruments designed to maintain the airworthiness of aircraft. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue these directives, which are subsequently classified as legislative instruments under the Legislative Instruments Act 2003. The issuance of ADs is integral to fulfilling Australia’s obligations under the Convention on International Civil Aviation, particularly those concerning the continuing airworthiness of aircraft as stipulated in Annex 8. These directives are a common practice among ICAO Contracting States, including the European Aviation Safety Agency (EASA), which issued a directive affecting Eurocopter AS 350 and AS 355 model aircraft. CASA, acting as Australia’s national airworthiness authority, assessed and subsequently issued corresponding Australian ADs, reflecting the need for compliance with international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products to ensure the safety of air navigation. These directives apply to any person who holds a certificate in respect of an aircraft or aeronautical product, and they are intended to address issues that could impact the airworthiness of the aircraft. The ADs have a national jurisdictional reach, applying to all relevant entities within Australia. The issuance of these directives is governed by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types. Consequently, when a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must evaluate the information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. This legislative instrument does not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The main provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 relevant to this piece of legislation are sections 98 and 39.001, respectively. Section 98 allows the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, making it a legislative instrument in accordance with the Legislative Instruments Act 2003. Under Annex 8 of the Convention on International Civil Aviation, the State of Design, in this case the European Aviation Safety Agency (EASA), has the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry, which in this instance is Australia.
The obligations imposed by these regulations on CASA and the State of Registry are to assess and respond to the ADs issued by the State of Design. CASA must review the ADs issued by EASA and, if necessary, issue Australian ADs to ensure compliance with the requirements for continuing airworthiness. This involves cancelling and replacing any previous ADs with the new amendments, as specified in AD/ECUREUIL/111 Amendment 1 and AD/AS 355/87 Amendment 1, which became effective on 28 June 2006. These obligations stem from Australia's commitment to the Convention on International Civil Aviation, ensuring that the continuing airworthiness of aircraft on the Australian Register is maintained.
Breaching the requirements set forth in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in both civil and criminal consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can lead to enforcement actions, including fines and potential prosecution. The maximum penalties for non-compliance with ADs can vary, but they are significant enough to ensure adherence to safety regulations. Civil penalties can include substantial fines, while criminal penalties may involve imprisonment, reflecting the seriousness of ensuring aviation safety. The legal framework is designed to compel compliance and protect the public from the risks associated with non-compliant aircraft operations.