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 Aviation Safety Agency (EASA) has issued AD 2006-0055-E affecting AS 355 E rotorcraft. France is the State of Design for this type and is a member of the European Union. CASA has assessed this AD and has issued Australian AD/AS 355/90, which will become effective on 6 March 2006.
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, Airframes, 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 was enacted to regulate civil aviation safety in Australia, aiming to ensure the safety of air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act, with a focus on maintaining the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Such directives are considered legislative instruments under the Legislative Instruments Act 2003. In the context of international civil aviation, the State of Design has the responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to mandate the requirements. The AD in question, AD/AS 355/90, was issued in response to AD 2006-0055-E by the European Aviation Safety Agency (EASA), with no public consultation required due to Australia's obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure safety in air navigation. This directive applies to all relevant persons and entities involved in the manufacture, maintenance, or operation of the specified aircraft types or aeronautical products within Australia. The ADs serve as legislative instruments and must be issued in accordance with Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which designates the State of Design as responsible for the continuing airworthiness of aircraft types. The State of Registry, which in the case of Australia is CASA, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. Exemptions or exclusions from these requirements are not explicitly mentioned in the provided text, suggesting that compliance with ADs is mandatory for the specified aircraft types. Any extensions or restrictions to the application of these regulations may be detailed in subordinate instruments, which are issued by CASA under the authority of the Civil Aviation Act 1988.
Key Provisions
The key operative sections of the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This is done under the authority granted by section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to create regulations for the safety of air navigation. Importantly, under subregulation 39.001(5), an AD is recognised as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, therefore, as a legislative instrument under section 6 of the Legislative Instruments Act 2003. These provisions ensure that CASA can mandate safety requirements for aircraft registered in Australia, aligning with international standards set by Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Act and the regulations on the parties and entities they govern are significant. The State of Design, which is the country where the aircraft type is designed, bears the overall responsibility for the continuing airworthiness of that aircraft type. This includes providing necessary information to ensure the safety of the aircraft to the State of Registry, which is the country where the specific aircraft is registered. CASA, as Australia's national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the safety requirements. This ensures that all aircraft operating in Australia meet stringent safety standards and comply with international regulations.
Breaches of the requirements set out in the Civil Aviation Safety Regulations 1998 can lead to various penalties and consequences. Under the Civil Aviation Act 1988, failure to comply with an airworthiness directive can result in both civil and criminal liabilities. The specific penalties are not detailed within the provided text, but they typically include fines and potential imprisonment, depending on the severity of the violation and its impact on aviation safety. The enforcement of these regulations is critical to maintaining the high safety standards required in the aviation industry.