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 Emergency AD
2008-0096-E affecting Eurocopter AS 332 L1, AS 332 L2 and AS 365 N3 model aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/S-PUMA/77 and AD/DAUPHIN/96, which will become effective on 29 May 2008.
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 Best Practice Regulation 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 Branch, 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 the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. Section 98 of this Act allows the Governor-General to make regulations necessary for the purposes of the Act, particularly to safeguard the safety of air navigation. The Civil Aviation Safety Regulations 1998, which were made under the authority of the Civil Aviation Act 1988, include provisions that empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory mechanism is critical for maintaining the continuing airworthiness of aircraft registered in Australia, in alignment with international standards set by the International Civil Aviation Organization (ICAO). The policy objective is to ensure that Australian aviation remains compliant with international safety standards and to mandate corrective actions to address any identified safety issues.
Scope and Application
The Civil Aviation Act 1988, specifically under regulation 39.001 of the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which acts as Australia's national airworthiness authority. These directives apply to all aircraft and aeronautical products registered in Australia, thereby ensuring that they meet the safety standards set forth by international agreements, including Annex 8 to the Convention on International Civil Aviation. The State of Design, such as France in the case of Eurocopter aircraft, bears the primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry, in this instance CASA, is responsible for ensuring compliance with these standards within its jurisdiction. The ADs issued by CASA are legislative instruments subject to disallowance and must adhere to the requirements outlined in the Legislative Instruments Act 2003. These directives are issued in response to findings by the State of Design or other international safety authorities and do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs become effective as mandated by CASA, ensuring that all aircraft operating in Australia meet necessary safety requirements.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations, including those necessary for air navigation safety, while regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. Section 39.001(5) of the Regulations further clarifies that ADs are legislative instruments that must comply with the Legislative Instruments Act 2003. These ADs are intended to ensure that aircraft remain in a condition that allows for safe operation.
In terms of obligations, the Act imposes a responsibility on CASA to issue ADs if they are necessary for the continuing airworthiness of aircraft registered in Australia. This obligation stems from the international obligation under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the continuing airworthiness of aircraft types, and the State of Registry must ensure the safety of individual aircraft. Therefore, when an AD is issued by the State of Design, CASA must assess the information and, if necessary, issue a corresponding Australian AD to enforce the same safety requirements.
Breach of the provisions contained within an AD can lead to significant consequences. Operators failing to comply with an AD may face both civil and criminal penalties. Civil penalties can include fines and enforcement actions by CASA, which may involve grounding of the aircraft until compliance is achieved. In more severe cases, non-compliance with ADs can lead to criminal charges under the Civil Aviation Act 1988, which can result in substantial fines and imprisonment. The exact penalties depend on the severity and frequency of the non-compliance, but they are designed to ensure strict adherence to the safety standards set forth by the ADs.