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 issued AD 2006-0097R1, affecting Eurocopter AS 355 aircraft, in 2006. EASA acts as the Airworthiness Authority for France as the State of Design for this type. As a result of a new EASA AD, CASA has amended AD/AS 355/91 Amendment 1 to reflect the terminating action provided by the new AD. The amended AD, AD/AS 355/91 Amendment 2, will become effective on 28 August 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, enacted by the Australian Parliament, serves as the primary legislative framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. In line with this objective, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 to maintain the continuing airworthiness of aircraft. The ADs are considered legislative instruments as per subregulation 39.001(5) and the Acts Interpretation Act 1901. The ADs are essential in adhering to the International Civil Aviation Organization's (ICAO) Convention on International Civil Aviation, particularly Annex 8, which outlines the responsibilities of the State of Design and the State of Registry in maintaining the airworthiness of aircraft. In response to a new AD issued by the European Union Aviation Safety Agency (EASA) concerning Eurocopter AS 355 aircraft, CASA has amended its AD to align with the new requirements, ensuring compliance with international standards. The issuance of this AD follows Australia's obligations under the Convention on International Civil Aviation and does not necessitate public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, applying to aircraft and aeronautical products to ensure air navigation safety. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations, including the issuance of ADs, which fall under the purview of the Civil Aviation Safety Regulations 1998. The State of Registry, in this case, CASA, is tasked with ensuring the continuing airworthiness of aircraft registered in Australia. This responsibility includes assessing and implementing ADs issued by the State of Design, such as EASA for the Eurocopter AS 355 aircraft, in alignment with international obligations under Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. Importantly, while ADs are crucial for maintaining safety standards, they are not subject to public consultation or a Regulatory Impact Statement, reflecting their technical nature and the direct responsibilities of regulatory authorities.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General is empowered to issue regulations that contribute to air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is important to note that these ADs are legislative instruments as per subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and they fall under the purview of the Acts Interpretation Act 1901.
Under these provisions, CASA is obligated to act upon receiving an AD from the State of Design, which is the country responsible for the design of the aircraft type. According to Annex 8 of the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide all necessary information to ensure this airworthiness to the appropriate States of Registry. In Australia, the State of Registry, which is CASA, must assess this information and, if deemed necessary, issue an Australian AD to enforce the requirements set forth by the State of Design.
There are significant obligations placed on both the State of Design and the State of Registry. The State of Design must issue ADs that provide critical information to ensure the safety of the aircraft, while the State of Registry, CASA in this instance, must carefully evaluate this information and act accordingly to maintain the safety standards of aircraft registered in Australia. Any failure to comply with these regulations could potentially compromise the safety of air navigation.
The Act and accompanying regulations also establish clear consequences for non-compliance. While the specific penalties are not detailed in the provided text, it is implied that any breaches of these safety regulations could result in both civil and criminal consequences. The severity of these penalties could range from fines to imprisonment, depending on the nature and extent of the breach. The issuance of ADs under these regulations is a crucial mechanism for ensuring that aircraft remain airworthy and that the safety of air navigation is maintained, underscoring the importance of strict compliance with these legal requirements.