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 2009-0106-E affecting Eurocopter EC 135 series helicopters. Germany is the State of Design for these helicopters. As a result of this AD, CASA has amended the equivalent Australian AD to AD/EC 135/17 Amendment 1. The amended AD will become effective on 4 May 2009. 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, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, provides the legal framework for the regulation of civil aviation in Australia. The Act aims to ensure the safety and efficiency of civil aviation, addressing gaps in aviation safety and regulation. One significant aspect of this Act is its provision for the creation of regulations under section 98, empowering the Governor-General to make rules in the interests of air navigation safety. The Civil Aviation Safety Regulations 1998, made under this authority, include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain the airworthiness of aircraft. These ADs are legislative instruments subject to disallowance and review, ensuring they align with the overarching policy objectives of the Act to uphold the highest safety standards in civil aviation. The ADs are issued in accordance with international standards set by the International Civil Aviation Organization (ICAO), reflecting Australia's commitment to global aviation safety norms.
Scope and Application
The Civil Aviation (Airworthiness Directives) Amendment Instrument 2009 (F2009L01643) amends the Civil Aviation Safety Regulations 1998 to address the continuing airworthiness of certain aircraft in response to an airworthiness directive issued by the European Aviation Safety Agency (EASA). This Act applies to any person or entity that holds an Australian Certificate of Airworthiness for a Eurocopter EC 135 series helicopter. The scope of this amendment includes mandating compliance with the specific requirements outlined in the amended AD/EC 135/17 Amendment 1, which became effective on 4 May 2009. This amendment is geographically applicable to all jurisdictions within Australia and is directly influenced by international obligations under the Convention on International Civil Aviation. The AD does not apply to aircraft not registered in Australia or those not affected by the EASA directive. Additionally, the amendment extends its reach through the subordinate Civil Aviation Safety Regulations 1998, which are designed to ensure the safety of air navigation in Australia.
Key Provisions
The key provisions of this legislative instrument, found in section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These ADs, which are legislative instruments, pertain to specific types of aircraft or aeronautical products and are issued to mandate continuing airworthiness requirements. They are commonly used by International Civil Aviation Organization (ICAO) Contracting States, including Australia, to maintain safety standards in line with the Convention on International Civil Aviation.
Under this legislative framework, CASA, as Australia's national airworthiness authority, has the obligation to assess airworthiness information provided by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with safety standards. For example, in response to the European Aviation Safety Agency's (EASA) AD 2009-0106-E affecting Eurocopter EC 135 series helicopters, CASA amended the Australian AD to AD/EC 135/17 Amendment 1, which will become effective on 4 May 2009. This amendment reflects the obligations of Australia under the Convention on International Civil Aviation and the requirements of Germany, the State of Design.
The ADs are issued under the authority of the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Act. Given that these directives are issued in response to international obligations and the nature of air safety, they do not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Failure to comply with the ADs can lead to significant consequences. Under the Civil Aviation Act 1988, non-compliance with ADs may result in penalties for individuals and corporations. These penalties can include substantial fines, imprisonment, or both, depending on the severity of the breach and the specific provisions of the Act. The exact penalties are not detailed in the legislative instrument but are determined based on the circumstances of the breach and the applicable laws. The overarching aim is to enforce adherence to airworthiness standards to maintain the highest level of safety in civil aviation.