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 European Aviation Safety Authority (EASA) has issued AD 2009-0065 affecting Eurocopter EC 135 and EC 635 model helicopters. EASA acts on behalf of Germany, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/EC 135/21, Amendment 1, which will become effective on 30 March 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish and regulate the framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation within the country. The Act provides the legal foundation for the regulation of civil aviation activities, including the issuance of airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. One of the key provisions, section 98, empowers the Governor-General to make regulations that are essential for the safety of air navigation, delegating authority to the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This legislative framework addresses the need for a cohesive and standardised approach to airworthiness, ensuring compliance with international standards set forth by the International Civil Aviation Organization (ICAO). The policy objective is to uphold the highest safety standards in civil aviation through effective regulation and oversight, aligning with Australia's obligations under international conventions and agreements.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, aligning with the overarching goal of ensuring the safety of air navigation as stipulated in the Civil Aviation Act 1988. These ADs, which serve as legislative instruments under the Legislative Instruments Act 2003, are issued in response to the continuing airworthiness obligations of the State of Design as per Annex 8 to the Convention on International Civil Aviation. Consequently, CASA, acting as Australia’s national airworthiness authority, is mandated to assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce the required safety measures. These directives apply to aircraft registered in Australia, ensuring compliance with international standards and the safety protocols set by the State of Design. The process of issuing such ADs does not require public consultation or a Regulatory Impact Statement, as they are a direct response to international obligations and pre-existing directives from the State of Design.
Key Provisions
The Civil Aviation Act 1988 (the Act) and the Civil Aviation Safety Regulations 1998 (the Regulations) provide the legislative framework for issuing airworthiness directives (ADs). Under section 98 of the Act, the Governor-General is empowered to make regulations that serve the interests of air navigation safety. Section 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs, as stipulated in subregulation 39.001(5), are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments as per section 6 of the Legislative Instruments Act 2003. This legal structure ensures that ADs are issued with the necessary authority and oversight.
The issuance of ADs is governed by international standards, particularly Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type. This State must provide necessary information to ensure the aircraft's continuing airworthiness to the relevant States of Registry. In Australia, the State of Registry, represented by CASA, is tasked with ensuring the continuing airworthiness of individual aircraft. When a State of Design issues an AD for an aircraft type registered in Australia, CASA must evaluate this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. For instance, CASA issued Australian AD/EC 135/21, Amendment 1, in response to EASA’s AD 2009-0065 concerning Eurocopter EC 135 and EC 635 model helicopters.
Issuing ADs in Australia involves specific obligations and requirements. CASA must assess the information from the State of Design and determine whether an AD is necessary. If an AD is warranted, CASA issues a corresponding Australian AD, which becomes legally binding and must be adhered to by the relevant parties. This process ensures that all aircraft registered in Australia meet international safety standards. Moreover, ADs are considered legislative instruments and are subject to disallowance procedures, which provide a mechanism for parliamentary review.
Failure to comply with an AD can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, leading to potential civil or criminal penalties. The exact penalties depend on the severity of the breach and the specific provisions of the Act. For example, an operator who fails to comply with an AD may face fines or imprisonment. Additionally, non-compliance can result in the grounding of aircraft, further highlighting the importance of adhering to these directives. The Civil Aviation Safety Regulations 1998 further detail the potential penalties and enforcement mechanisms available to CASA.