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 2007-0021-E affecting Eurocopter Deutschland EC135 and EC635 model aircraft. EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/EC 135/13, which will become effective on 24 January 2007.
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 for the safety and efficiency of civil aviation in Australia. One of its key provisions allows the Governor-General to make regulations for the purposes of the Act, thereby addressing the need for a robust regulatory framework to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of this Act, include mechanisms for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments that mandate the continuing airworthiness of aircraft and aeronautical products, reflecting Australia's commitments under the Convention on International Civil Aviation and aligning with international practices. The issuance of ADs is a critical function, as it ensures that aircraft registered in Australia meet the necessary safety standards, and such directives are issued in response to the State of Design's requirements without the need for public consultation.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by regulation 39.001, 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 in Australia. These ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003. This regulatory approach is in line with the international standards set forth in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design bears responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, is obligated to assess information from the State of Design and issue corresponding ADs as needed. For example, in response to an AD issued by the European Aviation Safety Agency (EASA) for Eurocopter Deutschland EC135 and EC635 model aircraft, CASA issued Australian AD/EC 135/13, effective from 24 January 2007. The issuance of these ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review, and the ADs are issued in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations that serve the Act's objectives and ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further elaborates on this by allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Importantly, subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, meaning they are legislative instruments that can be reviewed and potentially disallowed by Parliament. This classification is also affirmed under section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by the Civil Aviation Safety Regulations 1998 are multifaceted. Firstly, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 of the Convention on International Civil Aviation. This entails providing necessary information to the States of Registry to ensure airworthiness. The State of Registry, in turn, must develop or adopt measures to maintain the airworthiness of aircraft within its jurisdiction. When an AD is issued by the State of Design, CASA must assess this information and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements stipulated by the State of Design. This collaborative approach ensures that Australian aircraft meet international safety standards.
Failing to comply with an AD can lead to serious consequences. The Civil Aviation Safety Regulations 1998 do not explicitly outline specific penalties for non-compliance with ADs, but general aviation regulations and other related statutes impose severe penalties for non-compliance with safety directives. These may include fines and imprisonment, reflecting the critical importance of adhering to airworthiness directives to maintain safety standards. CASA has the authority to enforce these regulations, and non-compliance can result in significant civil or criminal consequences, underscoring the seriousness of adhering to prescribed safety measures.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a comprehensive framework for the issuance and enforcement of airworthiness directives, ensuring that aircraft meet stringent safety standards. The obligations placed on States of Design and States of Registry foster a collaborative international approach to aviation safety, while the potential penalties for non-compliance highlight the critical importance of adhering to these regulations.