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 2008-0113 affecting Eurocopter Deutschland GmbH EC135 and EC 635 helicopters. Germany is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/EC 135/18, which will become effective on 31 July 2008.
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 Airworthiness Engineering Branch, 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, provides the framework for ensuring the safety of air navigation, including the issuance of airworthiness directives. These directives are critical in maintaining the safety standards of aircraft and aeronautical products, as mandated by the Civil Aviation Safety Regulations 1998. The Act empowers the Governor-General to make regulations for the safety of air navigation, with the Civil Aviation Safety Regulations 1998 specifically allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specified aircraft types or aeronautical products. The policy objective behind this regulatory framework is to ensure that aircraft remain airworthy, thereby safeguarding the safety of passengers, crew, and the public. The legislative process for issuing such directives adheres to the requirements of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, ensuring that these directives are appropriately scrutinised and implemented.
Scope and Application
The Civil Aviation Safety Regulations 1998, which are made under section 98 of the Civil Aviation Act 1988, provide the regulatory framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance, as specified in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. Airworthiness directives are integral to maintaining the continuing airworthiness of aircraft, as per Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the ongoing airworthiness of an aircraft type. Consequently, when a State of Design, such as Germany for the Eurocopter Deutschland GmbH EC135 and EC 635 helicopters, issues an AD, CASA must evaluate this information and, if necessary, issue a corresponding Australian AD to enforce the requirements. This process ensures that Australian-registered aircraft meet international safety standards.
Key Provisions
The Civil Aviation Act 1988, and specifically section 98, empowers the Governor-General to enact regulations that are intended to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further stipulates that the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. It is essential to note that these directives, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus making them legislative instruments according to section 6 of the Legislative Instruments Act 2003.
Airworthiness directives serve as a primary means of ensuring the continuing airworthiness of aircraft types, as per Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the original design of the aircraft, must provide any necessary information to ensure the continuing airworthiness of a type to the appropriate States of Registry. These States of Registry are then tasked with developing or adopting requirements to maintain the airworthiness of individual aircraft registered within their jurisdiction. In the event that the State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must evaluate this information and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design.
In the case of the EASA’s AD 2008-0113, which affects Eurocopter Deutschland GmbH EC135 and EC 635 helicopters, Germany acts as the State of Design. CASA has assessed this AD and has subsequently issued Australian AD/EC 135/18, which is set to take effect on 31 July 2008. Given that this AD has been issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, there has been no consultation with the Australian public regarding this directive. Furthermore, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD in question has been made by the Manager, New Technologies and Systems, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. CASA’s obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 necessitate that they enforce these airworthiness directives to ensure the safety and airworthiness of aircraft registered in Australia. Failure to comply with these directives could result in significant safety risks, and CASA may take enforcement actions against non-compliant operators. The potential civil and criminal consequences for non-compliance include fines and imprisonment, depending on the severity of the breach and the specific provisions of the Act and Regulations involved.