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, the Civil Aviation Safety Authority (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.
CASA issued AD/EC 225/11 affecting Eurocopter EC 225 series helicopters. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 24 April 2009. The requirements of this AD have been superseded by AD/EC 225/12 Amdt 1.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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, 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 to govern the safety of air navigation, grants the Governor-General the authority to create regulations that align with the Act's objectives. Under this authority, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products, ensuring ongoing compliance with safety standards. In line with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design is tasked with the overall responsibility for an aircraft type's continuing airworthiness, while the State of Registry is responsible for the airworthiness of individual aircraft. In the context of these international responsibilities, CASA has the capacity to issue, review, and subsequently cancel airworthiness directives, as demonstrated by the cancellation of AD/EC 225/11 for the Eurocopter EC 225 series helicopters, which was superseded by AD/EC 225/12 Amdt 1. Given the international nature of aviation safety directives, the cancellation of such directives typically does not require consultation with the Australian public or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 applies to the safety of air navigation and empowers the Governor-General to make regulations in this regard. The Civil Aviation Safety Regulations 1998 further delegate authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001. These ADs serve as a legislative instrument and are aligned with international standards under Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of the State of Design and the State of Registry for the continuing airworthiness of aircraft. The ADs are crucial for ensuring that aircraft meet safety standards, and CASA’s role includes issuing, reviewing, and potentially cancelling these directives as circumstances require. For instance, CASA issued and subsequently cancelled AD/EC 225/11 for Eurocopter EC 225 series helicopters, replacing it with AD/EC 225/12 Amdt 1 due to international obligations under the Convention. The cancellation of such directives reflects the dynamic nature of regulatory requirements and the international cooperation necessary to maintain aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations to ensure the safety of air navigation, while the Civil Aviation Safety Regulations 1998 (regulation 39.001) grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, as outlined in subregulation 39.001(5) and the Legislative Instruments Act 2003. Furthermore, the State of Design, under Annex 8 of the Convention on International Civil Aviation, is tasked with the overall responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to ensure airworthiness to the States of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of an individual aircraft.
The obligations imposed by these provisions include the State of Design's duty to provide information necessary for maintaining airworthiness, and the State of Registry's responsibility to develop or adopt requirements to ensure the continuing airworthiness of aircraft. CASA, as the regulatory body in Australia, is obligated to issue ADs when necessary to address safety concerns, and to ensure compliance with international standards and obligations under the Convention on International Civil Aviation. This includes the obligation to review and cancel ADs when superseded by more recent or comprehensive directives, as demonstrated in the case of AD/EC 225/11 affecting Eurocopter EC 225 series helicopters, which has been cancelled and replaced by AD/EC 225/12 Amdt 1.
Breach of the obligations outlined in the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 can lead to both civil and criminal consequences. Under section 48 of the Acts Interpretation Act 1901, a person who contravenes a legislative instrument may be liable for a civil penalty, with the maximum penalty varying depending on the severity of the breach. In the context of airworthiness directives, failure to comply with an AD can result in enforcement actions by CASA, which may include fines or other penalties. Additionally, under section 261 of the Civil Aviation Act 1988, a person who engages in conduct that endangers the safety of air navigation may be subject to criminal penalties, including imprisonment and fines. The specific penalties depend on the nature and extent of the violation, but can be severe given the high stakes involved in aviation safety.