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 German Luftfahrt-Bundesamt issued AD D-2005-233, affecting Eurocopter EC 135 aircraft, in 2005. Germany is the State of Design for this type. As a result of an enquiry from industry, CASA has amended the equivalent Australian AD to correct an Australian regulation reference. The amended AD, AD/EC 135/10 Amendment 1, will become effective on 6 December 2012. 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.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The AD has been made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation in Australia, and under this Act, the Civil Aviation Safety Regulations 1998 were established. The Act empowers the Governor-General to make regulations necessary for air navigation safety, and the Civil Aviation Safety Regulations 1998 enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. ADs are legislative instruments issued to maintain the continuing airworthiness of aircraft, in line with the requirements set forth in Annex 8 of the Convention on International Civil Aviation. This regulatory framework ensures that the State of Design has primary responsibility for an aircraft type’s airworthiness, while the State of Registry must enforce these directives domestically.
This airworthiness directive, AD/EC 135/10 Amendment 1, was issued by CASA in response to an AD issued by the German Luftfahrt-Bundesamt concerning Eurocopter EC 135 aircraft. Given that it is issued under Australia’s obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation was necessary. The directive corrects a regulation reference in the previous Australian AD and will take effect on 6 December 2012. This amendment ensures that Australian regulations remain aligned with international safety standards and ensures the safe operation of affected aircraft within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure safety in air navigation. This regulation aligns with section 98 of the Civil Aviation Act 1988, allowing the Governor-General to make such regulations. ADs, which are legislative instruments as per the Legislative Instruments Act 2003, are critical in maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry under Annex 8 of the Convention on International Civil Aviation. For instance, CASA amended an existing Australian AD for Eurocopter EC 135 aircraft, in response to a German AD issued by the German Luftfahrt-Bundesamt, to correct a regulation reference. This amendment, effective from 6 December 2012, exemplifies the collaborative approach between international aviation authorities to uphold safety standards. The AD is not subject to public consultation as it stems from international obligations, and it has been deemed not to require a Regulatory Impact Statement. Additionally, it has been assessed as compatible with human rights and freedoms as recognised in international instruments.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are legislative instruments that require compliance to ensure the continuing airworthiness of aircraft. When CASA issues an AD, it mandates specific requirements for maintaining the airworthiness of the aircraft in question. The AD in focus, AD/EC 135/10 Amendment 1, pertains to Eurocopter EC 135 aircraft and has been amended to correct an Australian regulation reference. This AD is issued in response to an AD by the German Luftfahrt-Bundesamt and becomes effective on 6 December 2012, replacing the previous version. The AD is directly tied to Australia’s obligations under the Convention on International Civil Aviation, specifically Annex 8, and thus no public consultation was necessary.
Entities governed by the AD must adhere to the specified requirements to maintain the airworthiness of their aircraft. This includes ensuring that all identified issues, such as the corrected regulation reference in this case, are addressed within the stipulated timeframe. The State of Registry, in this context CASA, is responsible for ensuring that the AD is properly implemented and enforced. This involves monitoring compliance, providing necessary guidance, and taking enforcement actions if the AD is not adhered to.
Failure to comply with an AD can result in severe consequences. The Civil Aviation Act 1988 imposes penalties for non-compliance, which may include fines and other sanctions. The exact penalties depend on the nature and severity of the breach but can be significant. For instance, operating an aircraft that does not meet the AD requirements can lead to enforcement actions such as grounding the aircraft or legal proceedings against the operator. Additionally, individuals or companies found in breach of an AD may face criminal charges, resulting in further penalties such as imprisonment. Thus, compliance with ADs is not only a regulatory requirement but also a critical safety measure to protect aviation stakeholders.