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 2009-65R1 affecting Eurocopter EC-135 model helicopters. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian
AD/EC 135/21 Amendment 2, which will become effective on 19 November 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, with the overarching objective of ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations to achieve this goal, including those pertaining to airworthiness directives. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products to ensure continuing airworthiness. The introduction of these directives, such as Australian AD/EC 135/21 Amendment 2, is in response to international obligations under the Convention on International Civil Aviation, and as such, does not require public consultation or a Regulatory Impact Statement. This directive was issued by CASA to mandate the requirements of an airworthiness directive issued by the European Aviation Safety Authority for the Eurocopter EC-135 model helicopters, reflecting Australia's commitment to maintaining international safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs, which are considered disallowable instruments under the Acts Interpretation Act 1901, are legislative instruments as per the Legislative Instruments Act 2003. The ADs are issued to ensure compliance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design provides necessary information for the continuing airworthiness of an aircraft type. In Australia, CASA, acting as the national airworthiness authority, is responsible for assessing and, if necessary, issuing ADs to mandate the requirements set by the State of Design. For instance, in response to an AD issued by the European Aviation Safety Authority (EASA) concerning Eurocopter EC-135 model helicopters, CASA issued AD/EC 135/21 Amendment 2. Given that this AD is a response to international obligations and not a measure that would require public consultation or a Regulatory Impact Statement, the process was streamlined to ensure timely compliance with international safety standards.
Key Provisions
The Civil Aviation Safety Regulations 1998 (section 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments under the Acts Interpretation Act 1901 (section 46A). According to Annex 8 to the Convention on International Civil Aviation, the State of Design—in this case, France—bears responsibility for the continuing airworthiness of the aircraft type and must supply necessary information to States of Registry. Australia, as a State of Registry, must ensure the ongoing airworthiness of its registered aircraft, which involves assessing and implementing ADs issued by the relevant State of Design.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 must adhere to the requirements set forth in airworthiness directives. For instance, when CASA issues an Australian AD in response to a directive from the State of Design, such as the recent AD/EC 135/21 Amendment 2 for Eurocopter EC-135 model helicopters, operators of these aircraft must comply with the specified maintenance and operational requirements. This includes conducting necessary inspections, repairs, or modifications to maintain the airworthiness of the aircraft as mandated by the AD. The AD/EC 135/21 Amendment 2, issued following CASA's assessment of EASA's AD 2009-65R1, outlines these requirements and sets forth a deadline for compliance.
Failure to comply with the requirements of an airworthiness directive can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance may result in civil or criminal penalties. The severity of the penalties depends on the nature and extent of the breach. For instance, operating an aircraft that does not meet the airworthiness standards specified in an AD can result in significant fines and potential imprisonment for individuals or corporations. Furthermore, CASA has the authority to take enforcement actions, such as grounding non-compliant aircraft, which can have severe operational and financial repercussions for aircraft operators. The regulations do not require public consultation for ADs issued under international obligations, and they do not necessitate a Regulatory Impact Statement according to the Office of Best Practice Regulation.