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 2007-0313 affecting Eurocopter EC 135 helicopters. The EASA acts on behalf of France which is the State of Design for these helicopters. CASA has amended the equivalent Australian AD to AD/EC 135/15 Amendment 1 which will become effective on 29 February 2008. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a legislative framework for ensuring the safety and efficiency of civil aviation in Australia. It empowers the Governor-General to make regulations that serve the interests of air navigation safety. One such regulation, detailed in the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The objective of these regulations is to maintain and ensure the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. This includes the requirement for the State of Design to provide necessary information for airworthiness and for the State of Registry to implement these requirements domestically. In response to an AD issued by the European Aviation Safety Agency on behalf of France, CASA has amended the Australian equivalent to ensure compliance with international obligations and safety standards.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products to ensure safety. This authority extends to mandating the requirements of ADs issued by other states, such as the European Union Aviation Safety Agency (EASA) in the case of Eurocopter EC 135 helicopters designed by France. These directives apply to all aircraft registered in Australia, and CASA's role as the national airworthiness authority requires it to assess and implement necessary measures to maintain airworthiness. The regulations also stipulate that ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and that they do not require a Regulatory Impact Statement or public consultation due to their international obligations under the Convention on International Civil Aviation. This legislative framework ensures that Australian aviation remains compliant with international standards while prioritising safety.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, therefore, constitutes a legislative instrument as per section 6 of the Legislative Instruments Act 2003. This regulatory framework is established to maintain the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as having primary responsibility for an aircraft type's airworthiness.
Entities governed by this legislation, such as aircraft manufacturers, operators, and CASA, have specific obligations to ensure compliance with ADs. The State of Design is tasked with providing necessary information to ensure the continuing airworthiness of an aircraft type to States of Registry, who must then develop or adopt requirements to maintain airworthiness. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. For instance, the European Union Aviation Safety Agency (EASA) issued AD 2007-0313 for Eurocopter EC 135 helicopters, which CASA has subsequently amended and issued as AD/EC 135/15 Amendment 1.
Under this regulatory framework, there are significant consequences for non-compliance with ADs. Breaches of these directives can result in serious safety risks, potentially leading to both civil and criminal liabilities. The specific offences, penalties, and consequences are detailed within the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The maximum penalties for non-compliance can vary, but they typically include substantial fines and, in severe cases, imprisonment. These measures are in place to ensure that all parties adhere to the stringent safety standards mandated by the legislation, thereby protecting the public and maintaining the integrity of the aviation industry.