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 issued 2008-0185, affecting Eurocopter EC 120 helicopters. France is the State of Design for these helicopters. As a result of EASA AD 2008-0185 superseding EASA AD 2006-0253, CASA has amended the equivalent Australian AD to AD/EC 120/16 Amendment 1. The amended AD will become effective on
18 December 2008. 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, 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 for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. This Act grants the Governor-General the authority to make regulations necessary for the safety of air navigation, and these regulations are designed to maintain and enhance the safety standards within the civil aviation sector. One such regulation, the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This legislative framework is crucial in fulfilling Australia's obligations under international conventions, such as the Convention on International Civil Aviation, which mandates that States of Design and Registry ensure the continuing airworthiness of aircraft. CASA, as Australia's national airworthiness authority, plays a pivotal role in assessing and implementing these directives to ensure compliance and safety within the Australian aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, pertain to the issuance of airworthiness directives (ADs) under the Civil Aviation Act 1988. This Act applies to any aircraft registered in Australia and to entities involved in the aviation industry, including aircraft manufacturers, maintenance organisations, and operators. The ADs are issued by the Civil Aviation Safety Authority (CASA) to mandate safety requirements for specific types of aircraft or aeronautical products. The regulations empower CASA to issue these directives to ensure the continuing airworthiness of aircraft within Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO). These directives are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. While the ADs are developed in response to international obligations and specific safety concerns raised by the aircraft’s State of Design, they do not require public consultation or a Regulatory Impact Statement according to the Office of Regulatory Review. The application of these regulations is national in scope, covering all aircraft registered under Australian jurisdiction and ensuring compliance with both domestic and international aviation safety standards.
Key Provisions
The Civil Aviation Safety Regulations 1998 under section 39.001 permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs, as detailed in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus constitute legislative instruments as per section 6 of the Legislative Instruments Act 2003. The State of Design, responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the appropriate States of Registry, and ADs are the primary means of disseminating this information among ICAO Contracting States. The State of Registry is then tasked with ensuring the continuing airworthiness of individual aircraft, developing or adopting necessary requirements as per Annex 8 to the Convention on International Civil Aviation.
Compliance with these provisions requires CASA to assess ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs. This ensures the mandated requirements are enforced within Australia. For instance, the European Aviation Safety Agency (EASA) issued AD 2008-0185, affecting Eurocopter EC 120 helicopters, leading CASA to amend the corresponding Australian AD to AD/EC 120/16 Amendment 1. Such actions are carried out in accordance with subsection 84A(2) of the Civil Aviation Act 1988, ensuring alignment with international obligations and the safety of air navigation.
The Act does not mandate public consultation for ADs issued due to international obligations or in response to ADs from the State of Design, and the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. This streamlined process ensures that safety directives can be issued and enforced promptly without unnecessary bureaucratic delays.
Non-compliance with ADs may lead to significant legal and safety consequences. Under the Civil Aviation Act 1988, failure to adhere to an AD can result in substantial penalties. The maximum penalty for civil contraventions can include fines up to the regulatory maximum, which may be particularly significant for corporations. Additionally, continued operation of an aircraft that does not comply with an AD can lead to criminal charges, with penalties potentially including imprisonment, reflecting the high stakes involved in ensuring airworthiness. These stringent measures underscore the importance of compliance with ADs to maintain the highest safety standards in aviation.