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 issued AD 2006-0318R1 affecting Eurocopter EC 135 helicopters. The EASA is the State of Design for this helicopter series. CASA has amended the equivalent Australian AD to AD/EC 135/12 Amendment 1. The amended AD will become effective on 7 June 2006. 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 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, enacted by the Parliament of Australia, was established to provide a comprehensive framework for the regulation of civil aviation within Australia. The Act was introduced to address the need for a structured and cohesive legal foundation governing all aspects of civil aviation, ensuring safety, efficiency, and proper oversight. Under this Act, the Civil Aviation Safety Regulations 1998 were later formulated to provide further detail and operational guidance, particularly concerning the issuance of airworthiness directives. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products, thereby ensuring that the continuing airworthiness of aircraft is maintained in line with international standards and obligations. The policy objective of these measures is to enhance the safety of air navigation by imposing rigorous standards and continuous oversight on the aviation industry.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, encompasses the framework for ensuring the safety of air navigation within Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. These ADs, as defined in subregulation 39.001(5), are considered disallowable instruments under the Acts Interpretation Act 1901 and are legislative instruments as per the Legislative Instruments Act 2003. The Act applies to any person or entity involved in the operation, maintenance, or manufacture of aircraft within Australia, as well as to any aircraft registered in Australia. The geographic reach of this legislation is national, as CASA is responsible for ensuring compliance with airworthiness directives across all Australian airspace. There are no specific exclusions or thresholds outlined in the primary Act or regulations, though the application of ADs may vary based on the specific requirements of the aircraft type and its operation. CASA has the authority to extend or restrict the application of ADs through subordinate instruments, ensuring the continuing airworthiness of aircraft in accordance with international standards and obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). An AD is a regulatory tool that can mandate certain actions or compliance measures for specific types of aircraft or aeronautical products, aiming to maintain their airworthiness. According to regulation 39.001(5), ADs are considered disallowable instruments under the Acts Interpretation Act 1901, and they are recognised as legislative instruments in accordance with the Legislative Instruments Act 2003.
These provisions require CASA to issue ADs in response to actions taken by the State of Design, which has the primary responsibility for the continuing airworthiness of an aircraft type. For instance, under Annex 8 of the Convention on International Civil Aviation, the State of Design must provide necessary information to ensure the airworthiness of a type to States of Registry, which in turn must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. In the case of Australian-registered aircraft, CASA must assess the information provided by the State of Design and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This was demonstrated in the issuance of AD/EC 135/12 Amendment 1, which replaced the previous AD issued for Eurocopter EC 135 helicopters following an AD from the European Aviation Safety Agency (EASA).
Entities governed by these regulations are required to adhere to the directives issued by CASA. This includes ensuring that aircraft and aeronautical products comply with the specified requirements and standards set out in the ADs. The ADs detail the specific actions or compliance measures that need to be implemented, which must be followed diligently by the relevant parties, including aircraft operators, maintenance providers, and other stakeholders.
Breach of the obligations set out in these ADs can lead to serious consequences. While specific offences and penalties are not detailed in the given text, generally, non-compliance with airworthiness directives can result in significant civil or criminal penalties. Under the Civil Aviation Act 1988, individuals or organisations found in breach of an AD can face fines, and in severe cases, criminal charges may be brought against them. The exact penalties depend on the severity of the breach and the impact on aviation safety. The seriousness of these potential consequences underscores the importance of strict adherence to the directives issued by CASA.