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 has issued AD 2006-0318 affecting Eurocopter Deutschland GmbH EC130 aircraft. EASA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/EC 135/12, which will become effective on 27 October 2006.
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 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing various aspects of safety, security, and efficiency within the sector. The Act empowers the Governor-General to make regulations, including airworthiness directives, to enhance the safety of air navigation. These directives are integral to maintaining the continuing airworthiness of aircraft, aligning with international standards set forth in the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific kinds of aircraft or aeronautical products. The policy objective of these regulations is to ensure that Australia meets its international obligations while safeguarding the safety of air navigation within its jurisdiction.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These ADs are legislative instruments that mandate compliance to ensure the safety of air navigation. Under the regulatory framework, CASA must evaluate and, if necessary, issue Australian ADs when an AD from the State of Design affects aircraft registered in Australia, thereby ensuring adherence to international standards set by the Convention on International Civil Aviation. This process is particularly relevant when the European Union Aviation Safety Agency (EASA), as the State of Design, issues an AD affecting aircraft types registered in Australia, such as the Eurocopter Deutschland GmbH EC130 aircraft, which CASA has assessed and subsequently mandated through AD/EC 135/12. This legislation applies to aircraft manufacturers, operators, and any other relevant entities within the aviation industry, ensuring their compliance with safety regulations on a national level. However, it does not mandate public consultation or require a Regulatory Impact Statement, as it is issued under the authority’s obligation to international aviation standards.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act allows the Governor-General to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products. These ADs are legally enforceable and are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Under the obligations outlined in these regulations, the State of Design, which in this context is the European Aviation Safety Agency (EASA) for the Eurocopter Deutschland GmbH EC130 aircraft, bears the responsibility for the ongoing airworthiness of the aircraft type. The State of Design must provide any necessary information to ensure that the aircraft type maintains airworthiness. The State of Registry, CASA in this instance, is responsible for ensuring that each individual aircraft maintains its airworthiness by adopting or developing relevant requirements. When an AD is issued by the State of Design, CASA must review and, if necessary, issue a corresponding Australian AD to enforce the requirements set forth by the State of Design.
In this specific case, EASA issued AD 2006-0318, which CASA assessed and subsequently issued as Australian AD/EC 135/12, effective from 27 October 2006. This directive is a direct result of Australia's commitments under the Convention on International Civil Aviation, specifically Annex 8, and in response to the AD raised by EASA. Consequently, no public consultation was undertaken, and the Office of Regulatory Review has concluded that this AD does not require a Regulatory Impact Statement. The AD was formulated 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.
For breaches of these airworthiness directives, the Civil Aviation Act 1988 and associated regulations provide for both civil and criminal penalties. Non-compliance with ADs can result in significant financial penalties, with maximum fines stipulated in the Act. Furthermore, continued operation of an aircraft that does not meet the requirements set out in an AD can lead to serious safety risks, potentially resulting in severe civil or criminal consequences for the operators involved. It is imperative for all stakeholders to adhere to these directives to ensure the highest standards of aviation safety are maintained.