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 Emergency AD 2008-0175-E affecting Eurocopter Deutschland EC 135 series helicopters. Germany is the State of Design for this helicopter series. CASA has assessed this AD and has issued Australian AD/EC 135/20 which will become effective on 22 September 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, 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 Australian Parliament, addresses the regulation and safety of civil aviation within Australia. This legislation provides the framework for the creation and enforcement of regulations designed to ensure the safety of air navigation. Under section 98, the Governor-General is empowered to make regulations necessary for the purposes of the Act and to promote the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which under regulation 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are a critical mechanism for ensuring the continuing airworthiness of aircraft and are issued in accordance with international obligations under the Convention on International Civil Aviation, particularly Annex 8, which places responsibility for the continuing airworthiness of aircraft types on the State of Design. The ADs, as legislative instruments, are subject to disallowance under the Acts Interpretation Act 1901 and are reviewed in accordance with the Legislative Instruments Act 2003. CASA, as Australia’s national airworthiness authority, is tasked with assessing ADs issued by States of Design and, when necessary, issuing corresponding Australian ADs to enforce the required safety measures.
Scope and Application
The Civil Aviation Act 1988 applies to various entities and persons involved in civil aviation activities within Australia, including aircraft manufacturers, operators, and the Civil Aviation Safety Authority (CASA). Under the Act, CASA is empowered to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft, particularly in response to directives issued by the State of Design, as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. This authority is exercised in accordance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has overall responsibility for the continuing airworthiness of an aircraft type. In practice, this means that CASA must issue Australian ADs to mandate the requirements of the State of Design when such directives affect aircraft registered in Australia. The ADs are legislative instruments and are issued under the authority of the Manager, Systems and New Technologies in the Airworthiness Engineering Group at CASA. Importantly, the issuance of these ADs is driven by international obligations and the need for immediate safety measures, which often precludes public consultation and the requirement for a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is exercised in the interest of ensuring air navigation safety, as stipulated in section 98 of the Civil Aviation Act 1988. These directives are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are scrutinised under the Legislative Instruments Act 2003. The ADs play a critical role in maintaining the continuing airworthiness of aircraft, a responsibility that is primarily the purview of the State of Design, as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must adopt these directives if they pertain to aircraft registered in Australia, ensuring compliance with international standards.
The obligations under these regulations are multifaceted. The State of Design is tasked with identifying and communicating potential safety issues through ADs, while the State of Registry, CASA in Australia, is responsible for evaluating these communications and, if necessary, issuing corresponding ADs to mandate corrective actions for aircraft registered in Australia. This process is designed to maintain a uniform standard of safety across international borders, ensuring that any identified risks are mitigated effectively. CASA must act swiftly in assessing and responding to ADs from other States of Design, particularly when these are issued as emergency measures, to prevent any lapses in the safety standards of aircraft operating in Australian airspace.
Failure to comply with ADs can result in serious legal repercussions. Under section 170 of the Civil Aviation Act 1988, an aircraft that is not in compliance with an AD may not be flown, and penalties can be imposed on the operator of the aircraft. The Civil Aviation Safety Regulations 1998 further stipulate that non-compliance can result in civil penalties, including fines, and criminal charges for more severe infractions. The maximum penalties for these offences are significant, reflecting the importance of adhering to airworthiness directives in maintaining aviation safety standards. CASA has the authority to enforce these penalties, ensuring that all aircraft within its jurisdiction meet the required safety standards.