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 2007-0139-E affecting Eurocopter AS 355 E, F, F1, F2 and N helicopters. The EASA is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/AS 355/95 which will become effective on 18 May 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, 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 in Australia. This Act provides the legal framework for the regulation of civil aviation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives for specific types of aircraft or aeronautical products, with these directives being considered legislative instruments under the Legislative Instruments Act 2003. The policy objective of these regulations is to maintain the highest standards of safety in air navigation, in line with Australia's obligations under the Convention on International Civil Aviation. The Civil Aviation Act 1988 was enacted by the Australian Parliament to address the need for comprehensive legislation governing civil aviation safety, aiming to ensure the protection of life and property both on the ground and in the air.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products to ensure the safety of air navigation. These directives, which are legislative instruments, are issued in response to the State of Design's responsibility for the continuing airworthiness of an aircraft type as outlined in Annex 8 of the Convention on International Civil Aviation. The State of Registry, which in Australia is CASA, is then required to assess this information and, if deemed necessary, issue an Australian AD to enforce the State of Design's requirements. For instance, following the European Aviation Safety Agency's issuance of AD 2007-0139-E for Eurocopter AS 355 series helicopters, CASA issued Australian AD/AS 355/95 to align with international safety standards. Given the international obligations and the nature of ADs, there is no requirement for public consultation or a Regulatory Impact Statement. The ADs are developed and issued by CASA's Manufacturing, Certification and New Technologies Office on behalf of CASA, adhering to the legislative framework provided by the Civil Aviation Act 1988.
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 particular types of aircraft or aeronautical products. This regulatory authority is established under section 98 of the Civil Aviation Act 1988, where the Governor-General has the power to make regulations for the purposes of the Act, particularly in the interest of air navigation safety. ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments as per section 6 of the Legislative Instruments Act 2003. These directives serve as a critical mechanism for ensuring that aircraft and aeronautical products maintain their airworthiness, in line with the requirements set forth by the International Civil Aviation Organization (ICAO) under Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Act and the Regulations primarily rest on CASA as Australia’s national airworthiness authority. CASA is mandated to assess any ADs issued by the State of Design, which holds overall responsibility for the continuing airworthiness of a particular aircraft type, and to issue corresponding Australian ADs if deemed necessary. This ensures that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with international standards. Moreover, the State of Registry, which is responsible for the continuing airworthiness of an individual aircraft, must also comply with these directives. The State of Design, in this context, has issued AD 2007-0139-E for Eurocopter AS 355 E, F, F1, F2, and N helicopters, leading CASA to issue the Australian equivalent, AD/AS 355/95.
Failure to comply with an AD can result in serious consequences, both civil and criminal. While specific offences, penalties, and consequences for breaches are not detailed within the text, it is understood that non-compliance with ADs can lead to enforcement actions by CASA. These actions may include the grounding of aircraft, fines, or other regulatory sanctions. Given the critical nature of air safety, adherence to ADs is strictly enforced to ensure that all aircraft maintain the highest standards of airworthiness. This regulatory framework is designed to protect public safety and maintain the integrity of the aviation industry.