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 French DGAC has issued AD F-2005-086 affecting EC 120B model helicopters. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/EC 120/12, Amendment 1, which will become effective on 29 September 2005. 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 was enacted to establish a framework for the regulation of civil aviation in Australia, focusing on the safety of air navigation. The Act empowers the Governor-General to make regulations, including those necessary for maintaining the safety of air navigation, as seen in regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). This legislative instrument is part of Australia's commitment to international aviation standards, particularly through the International Civil Aviation Organization (ICAO), where the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, must ensure that Australian-registered aircraft comply with these international standards by issuing corresponding ADs when necessary, such as the Australian AD/EC 120/12, Amendment 1, issued in response to an AD from the French DGAC. This directive exemplifies Australia's adherence to global aviation safety protocols and its role in maintaining the continuing airworthiness of aircraft registered within its territory.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia, with the overarching goal of ensuring the safety of air navigation. Under this legislation, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate the information and, if deemed necessary, issue a corresponding Australian AD to enforce the State of Design's requirements. The ADs are issued in line with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of States of Design and States of Registry concerning the continuing airworthiness of aircraft. The ADs do not require public consultation or a Regulatory Impact Statement, as they are mandated by international obligations and are a direct response to ADs issued by the relevant State of Design.
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 certain types of aircraft or aeronautical products (reg. 39.001). These directives are legal instruments that set forth requirements to ensure the safety and airworthiness of the specified aircraft or products. Such directives can mandate modifications, inspections, or other actions necessary to maintain the safety standards outlined by the State of Design, which is the country responsible for the aircraft’s design (Annex 8, Convention on International Civil Aviation). For example, CASA has issued Australian AD/EC 120/12, Amendment 1, following an AD issued by the French DGAC for EC 120B model helicopters (AD F-2005-086). This directive will replace the previous version and becomes effective on 29 September 2005.
The obligations imposed by these ADs are significant for the entities they govern. The State of Design must provide necessary information to ensure the continuing airworthiness of aircraft types, while the State of Registry is tasked with implementing these requirements domestically. In Australia, CASA must assess foreign ADs and, if deemed necessary, issue corresponding directives to mandate compliance with safety standards within Australia (Annex 8). For instance, when the French DGAC issued AD F-2005-086, CASA assessed the directive and determined that Australian AD/EC 120/12, Amendment 1, was required to ensure the EC 120B model helicopters registered in Australia met the necessary safety standards.
Failure to comply with ADs can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may result in civil or criminal penalties, depending on the nature and severity of the breach. The maximum penalties can include fines and imprisonment for individuals found guilty of breaches, underscoring the importance of adherence to these safety directives. Additionally, non-compliance can also result in the grounding of aircraft, which can have significant operational and financial repercussions for operators.
The ADs, as legislative instruments, are subject to specific procedural requirements. According to the Legislative Instruments Act 2003, ADs are disallowable instruments, meaning they can be subject to disallowance by either House of Parliament (s. 46A, Acts Interpretation Act 1901). However, because ADs are issued in response to international obligations and are considered necessary for ensuring airworthiness, they do not require public consultation or a Regulatory Impact Statement. This streamlined process ensures that safety directives can be issued promptly without unnecessary delays, thereby maintaining high safety standards in the aviation industry.