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 2007-0089, affecting Agusta AB 206 model helicopters, in 2007. EASA acts for Italy, the state of design for these helicopters. CASA has amended the equivalent Australian AD to correct a typographical error. The amended AD, AD/BELL 206/167, Amendment 2, will become effective on 30 August 2007. 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 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 by the Commonwealth Parliament, is the primary piece of legislation governing civil aviation in Australia. It aims to ensure the safety and efficiency of civil aviation within Australia and its territories, while also addressing international obligations under conventions such as the Chicago Convention on International Civil Aviation. One significant aspect of this Act is its delegation of authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are instrumental in maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with the overarching responsibility of the State of Design and the regulatory requirements of the State of Registry. The policy objective behind these regulations is to uphold the highest safety standards in air navigation, reflecting Australia’s commitment to international civil aviation safety protocols.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia. Pursuant to the Act, the Governor-General can make regulations to ensure the safety of air navigation, and under regulation 39.001, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are legislative instruments as per the Legislative Instruments Act 2003. The ADs are mandated by Australia’s obligations under the Convention on International Civil Aviation, specifically Annex 8, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. CASA, as the national airworthiness authority, must assess and, if necessary, issue Australian ADs to ensure compliance with international standards. In this instance, CASA amended an AD issued by the European Aviation Safety Agency (EASA) for Agusta AB 206 model helicopters to correct a typographical error, resulting in the new AD/BELL 206/167, Amendment 2, effective from 30 August 2007. As these ADs are issued in response to international obligations and not for public consultation, they do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to enact regulations that ensure the safety of air navigation, and this authority is exercised by the Civil Aviation Safety Regulations 1998, specifically in regulation 39.001. This regulation allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is important to note that under subregulation 39.001(5), these ADs are classified as disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and therefore are legislative instruments under section 6 of the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, particularly Annex 8, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type. This responsibility includes providing necessary information to ensure the airworthiness of the type to appropriate States of Registry. Airworthiness directives are the primary means through which this information is disseminated, and they are issued by most ICAO Contracting States. The State of Registry of an individual aircraft, which in Australia's case is CASA, must ensure that its aircraft meet continuing airworthiness standards. When the State of Design issues an AD, CASA must review and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design for aircraft registered in Australia.
The obligations imposed on parties under these regulations are significant. For instance, the State of Design must ensure that any airworthiness issues are addressed and communicated effectively, while CASA must assess and, if necessary, issue corresponding Australian ADs. Furthermore, the State of Registry must ensure that all aircraft within its jurisdiction comply with the relevant ADs. These obligations are crucial for maintaining the safety and airworthiness of aircraft operating in Australia.
Breaching the requirements set out in these regulations can result in various consequences. Failure to comply with an AD can lead to serious safety risks, and in some cases, may result in enforcement actions by CASA. While specific offences and penalties are not detailed in the text, breaches of airworthiness regulations can lead to civil penalties, including fines, and in severe cases, criminal penalties. The exact penalties depend on the nature and severity of the breach, and are determined by the courts. The importance of adhering to these regulations cannot be overstated, as they are designed to protect public safety in the aviation sector.