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 EASA has issued AD 2007-0311 affecting Eurocopter EC120B model helicopters. Europe is the State of Design for EC120 helicopter types. CASA has assessed this AD and has issued Australian AD/EC120/17 which will become effective on 4 January 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 Acting Manager, Airframes 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 ensure the safety of air navigation and the continuing airworthiness of aircraft operating in Australian airspace. The Act empowers the Governor-General to make regulations that facilitate the administration of civil aviation safety in the national interest. In accordance with this authority, the Civil Aviation Safety Regulations 1998 were established, which among other provisions, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003, reflecting their importance in maintaining aviation safety standards. The ADs are integral to fulfilling Australia's obligations under international conventions such as the Convention on International Civil Aviation, which places the responsibility of ensuring continuing airworthiness on the State of Design and the State of Registry of an aircraft. In this context, CASA acts as Australia's national airworthiness authority, tasked with assessing and, when necessary, issuing Australian ADs to enforce the requirements set by the State of Design.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) in Australia. Under these laws, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products, ensuring compliance with safety standards. ADs are legislative instruments that mandate actions to address identified safety issues, and they are crucial for maintaining the continuing airworthiness of aircraft registered in Australia. These directives are issued in accordance with international obligations under the Convention on International Civil Aviation, specifically Annex 8, which assigns responsibility for continuing airworthiness to the State of Design and requires States of Registry to adopt appropriate measures. In practice, when an AD is issued by the State of Design, such as the European Aviation Safety Agency (EASA) in the case of the Eurocopter EC120B model helicopters, CASA must assess and, if necessary, issue a corresponding Australian AD to enforce the required safety measures. This process is governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and involves no public consultation or requirement for a Regulatory Impact Statement as it pertains to international obligations and compliance with global aviation 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 particular types of aircraft or aeronautical products. These directives are legislative instruments under section 46A of the Acts Interpretation Act 1901, as detailed in subregulation 39.001(5). ADs are crucial for maintaining the continuing airworthiness of aircraft and are issued by States of Design in accordance with Annex 8 to the Convention on International Civil Aviation. In this instance, the European Aviation Safety Agency (EASA) issued AD 2007-0311 for the Eurocopter EC120B model helicopters, which CASA subsequently assessed and issued as Australian AD/EC120/17, effective from 4 January 2008.
The obligations imposed on CASA under these regulations include the responsibility to assess ADs issued by the State of Design, such as EASA, and to determine if an Australian AD is necessary to ensure the continuing airworthiness of aircraft registered in Australia. CASA must act in accordance with the safety requirements outlined in the ADs and issue corresponding directives as needed. Furthermore, the State of Registry, which in this context is Australia, is tasked with developing or adopting requirements to maintain the airworthiness of the aircraft registered within its jurisdiction.
Under the Civil Aviation Act 1988, breaches of airworthiness directives can lead to significant consequences. Operators of affected aircraft who fail to comply with the mandated requirements may face civil penalties, including fines and potential revocation of their aircraft operating certificates. Criminal penalties may also be imposed, especially if non-compliance results in significant safety risks. The specific penalties vary depending on the severity of the breach and are determined in accordance with the applicable civil and criminal laws.
The process of issuing ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This is due to the nature of ADs as continuing airworthiness information, issued under the obligations of the Convention on International Civil Aviation and in response to directives from the relevant State of Design. The AD/EC120/17 was issued by the Acting Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This ensures that the directives align with Australia's regulatory framework and international obligations.