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 French DGAC has issued AD UF-2005-087 affecting Eurocopter AS 355 E, F, F1, F2 and N aircraft. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/AS3 55/87, which will become effective on 2 June 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 - 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 provide a comprehensive framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, and it designates the Civil Aviation Safety Authority (CASA) as the national airworthiness authority responsible for enforcing these regulations. One such regulation is the issuance of airworthiness directives (ADs), which are legislative instruments created under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are critical for maintaining the continuing airworthiness of aircraft and aeronautical products as mandated by international conventions, such as Annex 8 to the Convention on International Civil Aviation. CASA's role is to assess and, when necessary, issue Australian ADs that reflect the requirements of the relevant State of Design, thereby ensuring compliance with international standards and obligations.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products, ensuring the continuing airworthiness of aircraft registered in Australia. Such directives are a critical component of international civil aviation safety standards, as they mandate specific safety requirements for aircraft types designed and registered in various countries. In accordance with international obligations under the Convention on International Civil Aviation, the State of Design, in this case France, is responsible for the continuing airworthiness of aircraft types it designs, and must provide necessary information to States of Registry, including Australia. CASA, as Australia's national airworthiness authority, is obligated to assess this information and, if appropriate, issue corresponding Australian ADs to enforce these requirements. This legislative process allows CASA to maintain consistent safety standards and comply with international obligations without the need for public consultation or a Regulatory Impact Statement, as ADs are considered legislative instruments under the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they constitute legislative instruments as per section 6 of the Legislative Instruments Act 2003. A notable instance of this is CASA's issuance of Australian AD/AS3 55/87, which pertains to Eurocopter AS 355 E, F, F1, F2 and N aircraft, in response to an AD (UF-2005-087) issued by the French Direction Générale de l'Aviation Civile (DGAC).
The obligations imposed by these directives require CASA to evaluate the airworthiness information provided by the State of Design, which, in this case, is France. If CASA determines that an AD is necessary, it must issue a corresponding Australian AD to mandate the requirements stipulated by the State of Design. This ensures that the aircraft in question maintains its airworthiness in accordance with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Registry for an aircraft, in this instance, Australia, must also adhere to the requirements set by the AD to ensure the continuing airworthiness of the aircraft.
Non-compliance with the requirements outlined in an AD could lead to significant consequences. The ADs are critical for maintaining the safety of air navigation and non-compliance can result in safety hazards, potentially leading to accidents or incidents. The legal framework does not explicitly outline specific criminal or civil penalties for non-compliance with ADs. However, failure to comply with the ADs can lead to enforcement actions by CASA, which may include fines, grounding of the aircraft, or other regulatory measures. The severity of the penalties will depend on the nature and extent of the non-compliance.