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.
EASA has issued AD 2009-0029 affecting Eurocopter AS 355 model helicopters. EASA acts for France, the State of Design for this type. CASA has assessed this AD and as a result has cancelled Australian AD/AS 355/91 Amdt 2. The cancellation will become effective on 26 February 2009. The requirements are now contained in AD/AS 355/98 Amendment 1.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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 & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, as amended by the Civil Aviation (Airworthiness) Amendment Regulations 2009, establishes the legislative framework for ensuring the safety of air navigation in Australia. This legislation provides the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs), which are instrumental in maintaining the continuing airworthiness of aircraft registered in Australia. Section 98 of the Act empowers the Governor-General to make regulations that serve the safety interests of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically mandates CASA’s role in issuing ADs for certain types of aircraft or aeronautical products. This legislative approach aligns with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, ensuring that Australia adheres to global safety protocols. The policy objective of these regulations is to maintain the highest safety standards in civil aviation by ensuring that aircraft meet necessary airworthiness criteria, thereby protecting the public and promoting efficient air navigation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Specifically, regulation 39.001 allows CASA to issue ADs for certain types of aircraft or aeronautical products, thereby establishing mandatory requirements aimed at ensuring the continuing airworthiness of these aircraft. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 and serve as a critical mechanism for maintaining safety standards in line with international obligations under the Convention on International Civil Aviation. The ADs apply to all aircraft and aeronautical products registered in Australia, aligning with the responsibilities of the State of Registry to ensure the safety of aircraft within its jurisdiction. Notably, the issuance of these directives is governed by the State of Design, which holds overall responsibility for the continuing airworthiness of an aircraft type. In the event that a State of Design issues an AD, CASA must assess this information and, if appropriate, issue a corresponding Australian AD to enforce the necessary safety requirements. This legislative and regulatory approach ensures that Australian aviation safety standards are both nationally enforced and internationally compliant.
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 kinds of aircraft or aeronautical products. This is done to ensure the continuing airworthiness of these aircraft in accordance with the overarching responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. An AD is a legislative instrument that mandates certain requirements to maintain the safety and airworthiness of the specified aircraft types (reg. 39.001(5), Civil Aviation Safety Regulations 1998). When a State of Design, such as France for the Eurocopter AS 355 model helicopters, issues an AD, CASA is obligated to assess this information and, if deemed appropriate, issue a corresponding Australian AD. This ensures that Australian-registered aircraft meet the necessary safety standards as set by the State of Design.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on CASA and other entities include the duty to evaluate and, if necessary, implement ADs issued by the State of Design. This involves a rigorous assessment process to determine whether the AD's requirements are applicable and necessary for aircraft registered in Australia. CASA must also ensure that all relevant stakeholders, such as aircraft operators and maintenance providers, are adequately informed about the ADs and the compliance requirements. Additionally, the State of Registry, in this case, CASA, is responsible for developing or adopting requirements to ensure the continuing airworthiness of aircraft registered in Australia.
Breaches of the requirements set forth in airworthiness directives can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with ADs may result in the grounding of affected aircraft until the necessary actions are taken to meet the safety standards. Civil penalties can be imposed for failure to comply with ADs, including fines up to a specified maximum amount. Furthermore, criminal penalties may apply for more severe breaches, which could include imprisonment. These provisions underscore the importance of adhering to ADs to maintain the highest standards of aviation safety.