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 2009-0087-E affecting Eurocopter EC 225 helicopters. France is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/EC 225/11, which will become effective on
15 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 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 oversight of civil aviation within Australia to ensure safety and efficiency. This Act empowers the Governor-General to establish regulations that are essential for the safety of air navigation, including the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998 further refine these regulations, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. Such directives are crucial for maintaining the continuing airworthiness of aircraft as per international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for an aircraft type's airworthiness.
In response to an emergency airworthiness directive issued by the European Aviation Safety Agency (EASA) concerning Eurocopter EC 225 helicopters, CASA has assessed the situation and issued its own Australian AD/EC 225/11, effective from 15 April 2009. Given the nature of this directive, which aligns with international obligations and follows an AD from the relevant State of Design, there was no requirement for public consultation or a Regulatory Impact Statement. This AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in line with the provisions of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, establishes a framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. This authority is derived from section 98 of the Act, which allows the Governor-General to make regulations that promote air navigation safety. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for certain types of aircraft or aeronautical products. These ADs serve as legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and subject to the requirements of the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft, with the State of Design having primary responsibility under Annex 8 of the Convention on International Civil Aviation, and the State of Registry required to implement these directives. In the case of international ADs, such as the European Aviation Safety Agency’s Emergency AD 2009-0087-E for Eurocopter EC 225 helicopters, CASA must assess and, if necessary, issue a corresponding Australian AD. This process is conducted without public consultation as it pertains to international obligations and does not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Complementing this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are considered legislative instruments pursuant to section 6 of the Legislative Instruments Act 2003. This legislative framework ensures that ADs serve as a critical tool for maintaining the airworthiness of aircraft types registered in Australia, aligning with international standards.
The obligations imposed by these regulations are multifold. The State of Design, which in this case is the country where the aircraft type is designed, bears the primary responsibility for the continuing airworthiness of the aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This includes the provision of necessary information to ensure the aircraft's airworthiness to the State of Registry. The State of Registry, which is the country where the individual aircraft is registered, must develop or adopt requirements to maintain the aircraft's airworthiness. CASA, acting as Australia’s national airworthiness authority, is tasked with assessing any ADs issued by the State of Design and, when appropriate, issuing corresponding Australian ADs to enforce the necessary requirements.
In cases where international obligations necessitate the issuance of an AD, such as the Emergency AD 2009-0087-E issued by the European Aviation Safety Agency (EASA) concerning Eurocopter EC 225 helicopters, CASA evaluates this directive. If deemed necessary, CASA issues an Australian AD, such as AD/EC 225/11, which became effective on 15 April 2009. The process of issuing such ADs is streamlined due to Australia’s obligations under the Convention on International Civil Aviation and the requirement to respond to ADs issued by the relevant State of Design. Consequently, public consultation is not mandatory, and the Office of Regulatory Review has determined that these ADs do not necessitate a Regulatory Impact Statement. The AD is issued 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.
The consequences of non-compliance with the ADs are significant. Any breach of the requirements set out in an AD can result in severe civil and criminal penalties. For example, under the Civil Aviation Act 1988, individuals or entities found in violation of an AD can be subject to substantial fines and, in some cases, imprisonment. The exact penalties may vary depending on the severity of the breach and the specific provisions of the AD. The enforcement of these directives is critical to maintaining the high safety standards required in the aviation industry, ensuring that all aircraft remain airworthy and safe for operation.