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 2009-0093-E 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 135/22, which will become effective on 21 April 2009.
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 a comprehensive framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations in the interests of safety, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are legislative instruments that mandate safety requirements for aircraft and aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Authority (CASA) is responsible for issuing these ADs, particularly in response to directives from the State of Design, ensuring that Australian aircraft meet necessary safety standards. This legislative approach is designed to uphold Australia's obligations under international conventions, such as the Convention on International Civil Aviation, without necessitating public consultation due to the international nature of the safety requirements.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework within which airworthiness directives (ADs) are issued in Australia. Under this legislation, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products to ensure the continuing airworthiness of aircraft registered in Australia. This legislative framework is designed to align with the obligations of Australia under the Convention on International Civil Aviation, particularly those related to the responsibility of the State of Design in providing necessary information for ensuring airworthiness. ADs are considered legislative instruments and are issued by CASA in response to directives from the State of Design, or in accordance with international standards set by bodies such as the European Aviation Safety Authority (EASA). This process ensures that Australian aviation authorities act in accordance with international obligations and maintain the safety standards required for aircraft operating within Australian airspace.
Key Provisions
The Civil Aviation Safety Regulations 1998 under section 39.001 (paragraphs 5 and 6) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. An AD is a legislative instrument that must comply with the requirements set out in the Legislative Instruments Act 2003 (section 6). The ADs are a standard means of ensuring the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design for a particular aircraft type, such as France for the Eurocopter EC 135 model, is responsible for issuing ADs based on safety concerns. In turn, CASA, acting as Australia’s national airworthiness authority, is required to review and, if necessary, issue corresponding Australian ADs to ensure compliance with international safety standards.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties involved are primarily centred around the maintenance of airworthiness standards. CASA must evaluate any ADs issued by the State of Design and, if they deem it necessary, issue a corresponding Australian AD. This process ensures that all aircraft registered in Australia comply with the safety standards set by international conventions and agreements. The State of Registry, which in this context is Australia, must ensure that the aircraft under its jurisdiction adhere to the continuing airworthiness requirements outlined in the ADs. For instance, CASA’s issuance of AD/EC 135/22 mandates that all Eurocopter EC 135 model helicopters registered in Australia must meet the safety requirements specified by the AD issued by EASA.
The Act also outlines the civil and criminal consequences for non-compliance with the ADs. Any person who fails to comply with the requirements of an AD is subject to potential penalties. Under the Civil Aviation Act 1988, an aircraft that does not comply with an AD may be deemed unairworthy. The maximum penalty for operating an unairworthy aircraft can include fines of up to $275,000 for individuals and up to $1.375 million for corporations, as stipulated under section 55(1). Additionally, under section 119 of the Act, the unauthorised operation of an aircraft may result in further penalties including fines and imprisonment. It is crucial that all entities involved, including aircraft operators and owners, adhere to the ADs to avoid these serious repercussions.
In conclusion, the key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 focus on ensuring the airworthiness of aircraft through the issuance and compliance with ADs. CASA’s role in assessing and issuing Australian ADs in response to international safety directives is critical for maintaining safety standards. The obligations of the State of Registry and the potential penalties for non-compliance underscore the importance of adhering to these directives. The legislative framework ensures that all aircraft operating within Australia meet stringent safety requirements, thereby protecting the public and maintaining international standards.