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 2006-0275 affecting Agusta AB206 model helicopters. EASA acts on behalf of Italy, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BELL 206/164, which will become effective on 26 October 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, enacted to establish and regulate civil aviation in Australia, has been supplemented by the Civil Aviation Safety Regulations 1998, which govern the safety aspects of aviation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to enact regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This legislative framework ensures that the continuing airworthiness of aircraft is maintained in accordance with international standards, as stipulated in Annex 8 to the Convention on International Civil Aviation. This AD, issued under the authority of CASA, is intended to address issues identified by the State of Design and to mandate compliance with international safety requirements, reflecting Australia's commitment to the global aviation community.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and are made in accordance with Australia's international obligations under the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design as responsible for the continuing airworthiness of aircraft types. The State of Registry, in this case CASA as Australia's national airworthiness authority, must ensure the continuing airworthiness of aircraft on the Australian Register by adopting the requirements set out in these directives. For instance, following the issuance of AD 2006-0275 by the European Aviation Safety Authority (EASA) concerning Agusta AB206 model helicopters, CASA has issued an Australian AD, AD/BELL 206/164, effective from 26 October 2006. Given the international nature and the specific regulatory context, no public consultation or Regulatory Impact Statement was required for this AD, which was made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the legislative basis for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 39.001(5) of the Regulations clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. ADs are a mechanism to ensure the continuing airworthiness of aircraft and aeronautical products, mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design holds responsibility for the ongoing airworthiness of an aircraft type and must share necessary information with the States of Registry. Consequently, the State of Registry must implement requirements to maintain the airworthiness of aircraft. CASA, as Australia’s national airworthiness authority, assesses information from States of Design and issues corresponding Australian ADs as needed.
The obligations imposed by this legislation on CASA and other entities include the assessment and potential issuance of Australian ADs in response to directives from States of Design. For instance, the European Aviation Safety Authority (EASA) issued AD 2006-0275 concerning Agusta AB206 model helicopters, acting on behalf of Italy, the State of Design. CASA evaluated this AD and issued Australian AD/BELL 206/164, effective from 26 October 2006. Given that this AD aligns with Australia’s international obligations and follows an AD from the relevant State of Design, no public consultation or Regulatory Impact Statement was required.
Failure to comply with ADs can result in severe consequences. While the specific penalties for non-compliance are not detailed in the provided text, it is clear that ADs are designed to enforce compliance with airworthiness standards. Non-compliance can lead to potential civil or criminal penalties, as well as operational restrictions on the aircraft. The severity of these penalties can vary depending on the nature and extent of the non-compliance. The overarching goal of ADs is to ensure the safety and airworthiness of aircraft operating in Australian airspace, thereby protecting public safety and maintaining the integrity of the civil aviation system.