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 2006-0253 affecting Eurocopter EC 120 series helicopters. The EASA is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/EC 120/16, which will become effective on 26 October 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations that serve the interests of aviation safety, including the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998 further delineate the mechanisms through which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives for specific types of aircraft or aeronautical products. Under this regulatory structure, CASA has the authority to issue an Australian airworthiness directive in response to an airworthiness directive issued by the State of Design, aligning with international obligations under the Convention on International Civil Aviation. The objective of this legislative framework is to ensure the continuing airworthiness of aircraft registered in Australia, thereby maintaining high safety standards in line with international standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) in Australia, which are critical in ensuring the continuing airworthiness of aircraft and aeronautical products. Under the Act, the Governor-General has the authority to make regulations necessary for the safety of air navigation, and under the Regulations, CASA can issue ADs for specific kinds of aircraft or aeronautical products. These ADs, as legislative instruments, are designed to mandate compliance with safety standards established by the State of Design, in this case the European Aviation Safety Agency (EASA) for Eurocopter EC 120 series helicopters. The State of Registry, here CASA, is responsible for ensuring these aircraft meet the required airworthiness standards. Exemptions and thresholds are not detailed within this specific directive; however, the process adheres to international obligations under the Convention on International Civil Aviation, and thus, no public consultation is mandated. The AD is issued under the authority of CASA, ensuring alignment with both national and international safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the framework for ensuring the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to create regulations that safeguard air navigation, and these regulations are designed to be in the interests of safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a legislative instrument that is subject to disallowance provisions under section 46A of the Acts Interpretation Act 1901 and must be managed according to the Legislative Instruments Act 2003.
The obligations under these regulations are primarily concerned with maintaining the continuing airworthiness of aircraft. The State of Design, which is the country where the aircraft type is designed, holds the overarching responsibility for ensuring the airworthiness of that aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This State must provide any necessary information to the States of Registry to support the continuing airworthiness of the aircraft type. The State of Registry, where the individual aircraft is registered, must develop or adopt requirements to ensure the ongoing airworthiness of the aircraft. In the case of Australia, CASA, as the national airworthiness authority, is required to assess information provided by the State of Design and, if appropriate, issue an Australian AD that mandates the requirements set by the State of Design.
Failure to comply with the provisions of an AD can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, potentially leading to criminal charges. The penalties for such offences can include substantial fines and, in severe cases, imprisonment. Additionally, there may be civil consequences for operators who fail to adhere to ADs, which could include the grounding of affected aircraft, leading to operational disruptions and financial losses. The specific penalties are outlined in the relevant sections of the Act and can vary based on the nature and severity of the non-compliance.