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 2009-0079 affecting Eurocopter Deutschland GmbH
BO 105 series helicopters. Germany is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/BO 105/27, which will become effective on 4 June 2009.
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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for civil aviation in Australia, ensuring the safety, efficiency, and orderly growth of civil aviation. One of the Act's key mechanisms for maintaining airworthiness is through the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are mandated under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers CASA to issue directives for kinds of aircraft or aeronautical products to ensure the continuing airworthiness of aircraft. The legislative basis for this regulatory power is grounded in the overarching goal of enhancing the safety of air navigation, as outlined in section 98 of the Act. The issuance of ADs such as AD/BO 105/27 for Eurocopter Deutschland GmbH BO 105 series helicopters exemplifies how CASA, acting on Australia's obligations under the Convention on International Civil Aviation, implements safety measures to safeguard air travel. This AD, issued in response to an AD from the State of Design, Germany, demonstrates CASA's commitment to international standards and Australia's adherence to global aviation safety protocols.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) within Australia. The Act applies to all civil aviation activities and entities within Australia, including aircraft operators, maintenance organisations, and other aviation stakeholders, ensuring compliance with airworthiness standards. The ADs are issued by the Civil Aviation Safety Authority (CASA) and serve to mandate safety measures for specific types of aircraft or aeronautical products. These directives are in line with Australia’s obligations under the Convention on International Civil Aviation, particularly under Annex 8, which stipulates that the State of Design has overarching responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft. In cases where an AD is issued by a foreign State of Design, CASA must assess and, if necessary, issue a corresponding Australian AD to ensure compliance with international standards. This AD, once issued, is a disallowable instrument under the Acts Interpretation Act 1901 and is subject to the Legislative Instruments Act 2003. Given the international nature of these directives, no public consultation is required, and the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework under which airworthiness directives (ADs) are issued. Specifically, section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 permits the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. It is important to note that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, as such, it is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations centre around the maintenance of airworthiness. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This includes the obligation to provide necessary information to States of Registry to ensure the airworthiness of aircraft types. The State of Registry, which in Australia is CASA, must then develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
In the case of the Eurocopter Deutschland GmbH BO 105 series helicopters, the European Aviation Safety Agency (EASA) issued AD 2009-0079, to which CASA responded with Australian AD/BO 105/27. This AD became effective on 4 June 2009. Given that this AD was issued in response to international obligations and a directive from the relevant State of Design, no public consultation was conducted, and the Office of Regulatory Review has determined that it does not require a Regulatory Impact Statement. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
In terms of consequences for non-compliance, the Civil Aviation Safety Regulations 1998 do not explicitly outline penalties for breaching ADs. However, non-compliance with ADs can lead to severe civil and criminal penalties under other sections of the Civil Aviation Act 1988. For instance, failure to comply with an AD can be considered a breach of the regulations pertaining to the safe operation of aircraft, potentially resulting in fines or imprisonment. Furthermore, CASA can take enforcement actions, such as grounding non-compliant aircraft, which can have significant operational and financial implications for the operators.