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 Aviation Safety Authority (EASA) has issued AD 2009-0190 affecting Eurocopter EC 120 model helicopters. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/EC 120/19, which will become effective on 09 September 2009.
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 Manager Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a regulatory framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. This legislation empowers the Governor-General to make regulations in the interest of air navigation safety, as seen in the Civil Aviation Safety Regulations 1998. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. The ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. In line with international standards, the State of Design has the overarching responsibility for the continuing airworthiness of aircraft types, with the State of Registry ensuring the continuing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must issue Australian ADs when necessary, such as in response to directives from the European Aviation Safety Agency (EASA) for aircraft like the Eurocopter EC 120 model helicopters. Given that such ADs are issued due to international obligations and in response to directives from the State of Design, no public consultation is required. The ADs are created in accordance with the Civil Aviation Act 1988 and do not necessitate a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives are legislative instruments, subject to disallowance, and are issued to mandate safety requirements for aircraft registered in Australia, often in response to directives issued by the State of Design under international conventions. The application of these ADs is not limited by geographic boundaries within Australia but is influenced by international obligations and the registration status of the aircraft. The process of issuing an AD involves CASA assessing directives issued by the State of Design, such as the European Aviation Safety Authority (EASA) for Eurocopter EC 120 model helicopters, and issuing corresponding Australian ADs when necessary. Notably, this process does not involve public consultation or require a Regulatory Impact Statement, reflecting the urgency and international coordination inherent in airworthiness matters. The ADs are issued under the authority of CASA and are designed to ensure that Australian-registered aircraft meet the continuing airworthiness standards set by international agreements.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, under regulation 39.001, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments as outlined in section 6 of the Legislative Instruments Act 2003. Regulation 39.001(5) clarifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901. The process is designed to ensure that the continuing airworthiness of aircraft is maintained in accordance with international standards set by the Convention on International Civil Aviation, specifically Annex 8, which places the responsibility on the State of Design to provide necessary information for airworthiness.
Obligations under these regulations include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and provide relevant information to the States of Registry. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce these requirements. This ensures compliance with international obligations and maintains safety standards. The State of Registry is also required to develop or adopt requirements that ensure the continuing airworthiness of aircraft registered within its jurisdiction.
Failure to comply with an AD may result in various consequences. While the specific penalties are not detailed in the provided text, generally, non-compliance with ADs can lead to enforcement actions by CASA, which may include fines, suspension, or revocation of airworthiness certificates. Civil and criminal penalties could also apply, depending on the severity of the non-compliance and the specific regulatory context. The maximum penalties would be determined by the relevant laws and regulations governing aviation safety in Australia.
Under these regulations, CASA's role is pivotal in ensuring that aircraft meet the necessary safety standards. CASA is tasked with assessing international ADs and issuing Australian ADs as appropriate, reflecting the collaborative nature of international aviation safety oversight. This ensures that Australian aircraft and aeronautical products maintain their airworthiness in line with both domestic and international requirements. The streamlined process for issuing ADs reflects the urgent and critical nature of ensuring aviation safety, often bypassing public consultation as mandated by the Office of Best Practice Regulation, which has determined that ADs do not require a Regulatory Impact Statement.