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 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, which will become effective on 31 August 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 ensure the safety and efficiency of civil aviation within Australia, addressing the need for a comprehensive legislative framework governing the operation of aircraft and related activities. This Act empowers the Governor-General to make regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as stipulated in the Civil Aviation Safety Regulations 1998. The ADs are critical for maintaining the continuing airworthiness of aircraft, aligning with the international obligations under the Convention on International Civil Aviation. In the context of Eurocopter AS 355 model helicopters, CASA issued AD/AS 355/91 in response to an AD from the European Aviation Safety Authority, reflecting Australia's commitment to international safety standards and the necessity to act on directives from the aircraft's State of Design. This legislative instrument was made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, ensuring adherence to the statutory requirements and international conventions.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products, as stipulated under section 98 of the Civil Aviation Act 1988. These ADs are legislative instruments as per subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and are further validated by the Legislative Instruments Act 2003. The ADs serve to ensure the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation, where the State of Design holds overall responsibility for a type of aircraft, and the State of Registry is tasked with ensuring the airworthiness of individual aircraft. When a State of Design issues an AD, CASA must assess and, if necessary, issue a corresponding Australian AD to enforce the required safety measures. This process ensures that Australian-registered aircraft meet international safety standards, as exemplified by the issuance of Australian AD/AS 355/91 in response to EASA’s AD 2006-0097 for Eurocopter AS 355 model helicopters. The issuing of such ADs is governed by Australia's obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, grants the Governor-General the authority to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifies that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. Subregulation 39.001(5) further details the nature of these ADs. The State of Design, which is the country where the aircraft was designed, holds the primary responsibility for the ongoing airworthiness of the aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This state must provide all necessary information to ensure the continuing airworthiness of the aircraft type to the appropriate States of Registry.
Under the Convention on International Civil Aviation, the State of Registry, which is the country where the aircraft is registered, is responsible for the continuing airworthiness of individual aircraft. This state must develop or adopt requirements to ensure the airworthiness of aircraft within its jurisdiction. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA, as Australia's national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that the safety standards and requirements are uniformly enforced across the registered aircraft. The example provided in the explanatory statement involves the European Aviation Safety Authority (EASA) issuing AD 2006-0097 for Eurocopter AS 355 model helicopters, which CASA has assessed and subsequently issued as Australian AD/AS 355/91, effective from 31 August 2006.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties involved are multifaceted. The State of Design must ensure that all necessary information is provided to maintain the airworthiness of the aircraft type, while the State of Registry is obligated to develop or adopt the requirements necessary to maintain the airworthiness of aircraft registered within its jurisdiction. CASA, acting on behalf of the State of Registry, must rigorously assess any ADs issued by the State of Design and determine whether an Australian AD is necessary. This process ensures that Australian-registered aircraft meet the same safety standards as those in other ICAO Contracting States. Furthermore, the ADs must be issued in accordance with the legislative framework, as detailed in subsection 84A(2) of the Act, and are managed by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office at CASA.
There are specific consequences for breaches of the regulations outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. While the explanatory statement does not provide explicit details on the penalties for non-compliance, it is reasonable to infer that any failure to adhere to the airworthiness directives could result in civil or criminal penalties. These could include fines, imprisonment, or both, depending on the severity of the breach and the impact on aviation safety. The regulatory framework, by mandating the issuance and compliance with ADs, underscores the critical importance of maintaining the highest safety standards in civil aviation.