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 UF-2006-040 affecting Eurocopter EC 120 helicopters. France is the State of Design for this helicopter. CASA has assessed this AD and has issued Australian AD/EC 120/15, which will become effective on 10 February 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, New Technologies and Systems, 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 Australian Parliament, was introduced to ensure the safety and efficiency of civil aviation in Australia. This Act provides the legislative framework for regulating the civil aviation industry, including the issuance of airworthiness directives to ensure the safety of air navigation. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives for specific kinds of aircraft or aeronautical products. This regulation is essential for maintaining the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The objective is to align Australia's aviation safety practices with global standards and to ensure the safety and efficiency of civil aviation within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by F2006L00457, apply to all aircraft registered in Australia and to the holders of certificates for aircraft design, production, maintenance, and airworthiness. These regulations pertain to the continuing airworthiness of aircraft, mandating that all entities responsible for aircraft maintenance, operation, and certification adhere to airworthiness directives issued by the Civil Aviation Safety Authority (CASA). Such directives are critical for ensuring that aircraft meet safety standards and are issued in accordance with international obligations under the Convention on International Civil Aviation. The scope of these regulations extends to all aircraft operating within Australian airspace, ensuring a uniform standard of airworthiness across the nation. While the regulations are comprehensive, certain smaller aircraft or specific operations may be exempt based on CASA's determination. The regulations also empower CASA to issue airworthiness directives through subordinate instruments, allowing for flexibility in addressing specific safety concerns as they arise.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 include regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Under subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. These regulations are designed to ensure the continuing airworthiness of aircraft in accordance with international standards set by Annex 8 to the Convention on International Civil Aviation. When a State of Design issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that Australian registered aircraft meet international safety standards.
The obligations imposed by these regulations primarily rest on CASA and the State of Registry of an aircraft. CASA, as Australia’s national airworthiness authority, must assess any AD issued by the State of Design and decide if it is necessary to issue a corresponding Australian AD. The State of Registry, which in this context is Australia, is responsible for ensuring the continuing airworthiness of aircraft registered within its territory. This involves adhering to ADs issued by CASA and implementing any required safety measures to maintain airworthiness. Both CASA and the State of Registry must ensure that all aircraft meet the safety standards stipulated by international and domestic regulations.
Failure to comply with the requirements of an AD can result in significant consequences. Under section 84A of the Civil Aviation Act 1988, an offence is committed if a person contravenes an AD. The penalties for such offences can include fines and imprisonment. Specifically, the maximum penalty for contravening an AD can be up to 100 penalty units for individuals and 500 penalty units for bodies corporate, as stipulated by the Acts Interpretation Act 1901. These penalties underscore the importance of adhering to ADs to ensure the safety and airworthiness of aircraft. Furthermore, failure to comply can also result in civil consequences, such as the grounding of aircraft, which can have serious implications for both the operator and passengers.