CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 DGAC has issued AD F-2002-606 R1 affecting Eurocopter Model EC 120 aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/EC 120/9, Amendment 1, which will become effective on 9 June 2005. 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 Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, focusing on the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations necessary for the interests of safety in air navigation, with the Civil Aviation Safety Regulations 1998 further detailing the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments that aim to ensure the continuing airworthiness of aircraft and aeronautical products in accordance with international standards set by the Convention on International Civil Aviation. This legislation addresses the need for a standardised approach to maintaining aircraft safety and compliance across different jurisdictions, particularly in relation to the State of Design and State of Registry responsibilities for aircraft types. The policy objective is to harmonise safety standards with international practices while ensuring the effective oversight of aircraft operating within Australian airspace.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that are essential for maintaining the safety standards of aircraft and aeronautical products within Australia. These directives apply to aircraft registered in Australia, and the issuance of such directives is mandated by the State of Registry's responsibility for the continuing airworthiness of individual aircraft. CASA acts as the national airworthiness authority, ensuring compliance with international standards as set by the International Civil Aviation Organization (ICAO). In the case of aircraft designed in other states, such as the Eurocopter Model EC 120, CASA must assess and implement the ADs issued by the State of Design to ensure consistency and safety in accordance with international obligations. This AD, issued in response to a French AD, exemplifies the jurisdictional and regulatory framework governing airworthiness directives, which are legislative instruments subject to disallowance and review under Australian law.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to establish regulations for the Act, particularly to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further elaborates on the authority of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified aircraft or aeronautical products. These ADs serve as enforceable requirements to maintain the safety and airworthiness of aircraft. Subregulation 39.001(5) stipulates that ADs are considered disallowable instruments, subject to the provisions of section 46A of the Acts Interpretation Act 1901. Consequently, ADs are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the associated regulations are significant for both the State of Design and the State of Registry of an aircraft. The State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide all necessary information to ensure the continuing airworthiness of that type to the appropriate State of Registry. This responsibility is outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, on the other hand, must establish or adopt specific requirements to maintain the airworthiness of aircraft within its jurisdiction. In the case of Australia, CASA, as the national airworthiness authority, must evaluate ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce the safety requirements on aircraft registered in Australia.
The issuance of airworthiness directives is further governed by international obligations under the Convention on International Civil Aviation. When a State of Design issues an AD, such as AD F-2002-606 R1 affecting Eurocopter Model EC 120 aircraft, CASA is required to assess this directive. Based on the evaluation, CASA issues an Australian AD, like Australian AD/EC 120/9, Amendment 1, to ensure compliance with safety standards. Given that these ADs are issued in response to international obligations and the directives of the State of Design, there is no requirement for public consultation or a Regulatory Impact Statement. The AD in question was made by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
The consequences for non-compliance with airworthiness directives are serious. Under the Civil Aviation Act 1988, violations of airworthiness requirements can lead to significant penalties. The specific offences, penalties, or civil/criminal consequences depend on the nature and severity of the breach. For example, operating an aircraft in a manner that contravenes an airworthiness directive can result in fines and imprisonment. The maximum penalties vary but can include substantial fines and imprisonment terms, reflecting the importance of adhering to airworthiness standards to ensure the safety of air navigation.