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 EASA has issued AD 2007-0099 affecting Eurocopter AS 355 helicopters. The EASA is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/AS 355/93 which will become effective on 7 June 2007.
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, New Technologies and Systems, 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 provide a legislative framework for civil aviation safety in Australia, ensuring that all civil aviation activities are conducted safely and efficiently. The Act grants the Governor-General the authority to make regulations under section 98, with the paramount concern being the safety of air navigation. This is further operationalised through the Civil Aviation Safety Regulations 1998, where regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, as outlined in the Legislative Instruments Act 2003, and are critical in maintaining the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, ensures compliance with international standards by issuing Australian ADs in response to directives from the State of Design, such as the European Aviation Safety Agency (EASA).
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft and aeronautical products. This authority is exercised under regulation 39.001, with such directives being classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and legislative instruments under section 6 of the Legislative Instruments Act 2003. The scope of this legislation extends to ensuring the continuing airworthiness of aircraft registered in Australia, aligning with the international obligations under Annex 8 to the Convention on International Civil Aviation. In this context, CASA, as Australia’s national airworthiness authority, is tasked with assessing information from the State of Design and issuing Australian ADs when necessary. For instance, in response to an AD issued by the European Aviation Safety Agency (EASA) for Eurocopter AS 355 helicopters, CASA issued Australian AD/AS 355/93, effective from 7 June 2007. Given that these directives are a direct result of international obligations and issued in response to directives from the State of Design, there has been no public consultation required. Additionally, the Office of Regulatory Review has concluded that these ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, allows the Governor-General to make regulations that promote the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives are issued for specific types of aircraft or aeronautical products to ensure compliance with safety standards. It is important to note that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, therefore, a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations placed on parties by these provisions are significant. The State of Design, in this case, the European Aviation Safety Agency (EASA), holds the primary responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to States of Registry. In Australia, CASA, as the national airworthiness authority, is obligated to assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD. This ensures that the requirements set forth by the State of Design are adopted and enforced within Australia. Additionally, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction.
Failure to comply with airworthiness directives can result in serious legal consequences. While the specific penalties are not detailed in the text provided, it is well-established within aviation law that non-compliance with ADs can lead to both civil and criminal penalties. Civil penalties may include fines, and in severe cases, criminal penalties could be imposed, including imprisonment. These consequences are intended to enforce adherence to safety standards and ensure the protection of the public.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower CASA to issue airworthiness directives that mandate safety requirements for aircraft types registered in Australia. These directives are issued in response to international obligations and assessments of safety information from the State of Design. Failure to comply with these directives can result in significant civil and criminal penalties, reinforcing the importance of adherence to these safety standards.