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 Authority (EASA) has issued AD 2006-0097 R1 affecting Eurocopter AS 355 model helicopters. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AS 355/91, Amendment 1, which will become effective on 5 June 2008. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, which are intended to safeguard the safety of air navigation. One such regulation, under section 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These ADs serve as a means to maintain the continuing airworthiness of aircraft, in line with Australia’s obligations under the Convention on International Civil Aviation. CASA issues these directives to address identified safety issues and ensure compliance with international standards, thereby maintaining the high safety standards required for Australian airspace.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) within Australia, ensuring the continuing airworthiness of aircraft registered in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products as per regulation 39.001. Such ADs serve as legislative instruments and are mandated by Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of States of Design and States of Registry in maintaining airworthiness. When the State of Design issues an AD, CASA must assess its implications and, if necessary, issue a corresponding Australian AD. For instance, CASA issued Australian AD/AS 355/91, Amendment 1, in response to EASA's AD 2006-0097 R1 affecting Eurocopter AS 355 model helicopters. As these ADs are issued under international obligations, there is no requirement for public consultation or a Regulatory Impact Statement. The AD is formulated by CASA's Manager, Airframes in the Airworthiness Engineering Branch, in accordance with the Civil Aviation Act 1988.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 concern the issuance and assessment of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to make regulations for air navigation safety, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. According to Annex 8 to the Convention on International Civil Aviation, the State of Design, which in this case is France, holds responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. The State of Registry must then ensure the continuing airworthiness of individual aircraft within its jurisdiction. When the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the State of Design’s requirements.
The obligations imposed by these regulations require CASA to carefully assess any ADs issued by the State of Design. Once an AD is deemed appropriate for Australian conditions, CASA must issue a corresponding Australian AD. This process ensures that all aircraft registered in Australia meet international safety standards. The ADs themselves mandate specific actions, such as inspections, repairs, or modifications, to maintain the airworthiness of affected aircraft. CASA’s role is crucial in ensuring compliance with these directives, thereby safeguarding air navigation safety.
Breach of the requirements set out in an AD can lead to significant consequences. Civil Aviation Safety Regulations 1998 may include provisions for penalties in the event of non-compliance with ADs. The specific penalties are not detailed in the provided text, but typically, failure to adhere to ADs can result in fines, operational restrictions, or even grounding of the affected aircraft. In more severe cases, non-compliance may lead to criminal charges, with potential imprisonment for individuals or substantial fines for corporations. These measures underscore the importance of adhering to ADs to maintain the safety and integrity of air navigation systems.