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 2008-0064 R1 affecting Eurocopter Deutschland GmbH EC135 and EC 635 helicopters. EASA acts on behalf of Germany, the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/EC 135/19, which will become effective on 28 August 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 was enacted to establish a comprehensive legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the industry. One significant component of this legislation is the issuance of airworthiness directives, which are crucial for maintaining the continuing airworthiness of aircraft. Under this Act, the Governor-General has the authority to make regulations, including those that pertain to air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance, and are issued to align with international standards as stipulated by Annex 8 to the Convention on International Civil Aviation. When the State of Design issues an airworthiness directive, CASA evaluates the information and, if deemed necessary, issues an Australian version to ensure compliance and safety within Australia's jurisdiction. This process underscores the importance of international cooperation in maintaining global aviation safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the Civil Aviation (Airworthiness) Amendment Regulations 2008, apply to all aircraft registered in Australia and any aeronautical products used on those aircraft. This includes both civilian and military aircraft, as well as entities such as aircraft manufacturers, operators, and maintenance providers who must comply with the airworthiness directives issued under this Act. The legislation is national in scope, applying across all states and territories of Australia, and extends to the enforcement of airworthiness standards that align with international obligations under the Convention on International Civil Aviation. There are no exclusions specified within the text regarding the application of these regulations, though certain classes of aircraft may be exempt based on specific operational contexts or other regulatory provisions. The Civil Aviation Act 1988 allows for the creation of subordinate instruments that may extend or restrict the application of the primary legislation, such as specific airworthiness directives, which are issued to ensure compliance with safety standards and are subject to disallowance and review processes as outlined in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. One such regulation, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives, as stated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are formal legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. These airworthiness directives serve as crucial tools for maintaining the safety and airworthiness of aircraft, aligning with the international standards set by Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by these regulations are multifaceted. The State of Design, which is the country where an aircraft type is designed, holds the primary responsibility for the continuing airworthiness of that aircraft type. This responsibility includes providing necessary information to the States of Registry, which are the countries where individual aircraft are registered, to ensure the aircraft’s ongoing airworthiness. When a State of Design issues an airworthiness directive, the corresponding State of Registry, in this case CASA, must assess this information and, if necessary, issue its own AD to enforce the requirements stipulated by the State of Design. This ensures that all aircraft within the jurisdiction meet the highest safety standards.
In terms of compliance, the failure to adhere to airworthiness directives can lead to significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can be considered an offence, potentially resulting in civil or criminal penalties. While the specific penalties are not detailed in the text, it is well-established that serious breaches can lead to fines, imprisonment, or both, depending on the severity of the violation. The overarching aim of these regulatory measures is to ensure that all parties involved in aircraft operations strictly adhere to the mandated safety protocols, thereby safeguarding the integrity and safety of air navigation.