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 2009-0099-E affecting Eurocopter EC 225 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 225/12 Amendment 1, which will become effective on 24 April 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 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 regulate the safety of air navigation, authorises the Governor-General to create regulations that ensure the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments as they are disallowable instruments under the Acts Interpretation Act 1901. The ADs serve as a means of ensuring the continuing airworthiness of aircraft in accordance with the Convention on International Civil Aviation. This particular AD, issued by CASA, was made in response to an airworthiness directive issued by the European Aviation Safety Authority for Eurocopter EC 225 model helicopters, reflecting Australia’s obligations under the Convention and the responsibilities of the State of Design and Registry. No public consultation was necessary for this AD as it is directly tied to international obligations and assessments by CASA.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia. Under the Act, the Governor-General is empowered to make regulations that promote safety in air navigation, and one such regulation allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs are legislative instruments that mandate requirements for maintaining the airworthiness of specific types of aircraft or aeronautical products. While these ADs are designed to meet international standards, particularly those set by the Convention on International Civil Aviation, the process for issuing an AD in Australia involves CASA assessing and, if appropriate, issuing an Australian version of the AD. This process ensures that Australian-registered aircraft meet international safety standards, even though no public consultation is required due to the international nature of the obligations. Furthermore, the ADs are issued by CASA under the authority granted by the Act, without the need for a Regulatory Impact Statement, streamlining the process for responding to international safety directives.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. These ADs are legislative instruments, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus subject to the provisions of the Legislative Instruments Act 2003 (section 39.001(5)). The purpose of these directives is to ensure the continuing airworthiness of aircraft types and products as mandated by Annex 8 to the Convention on International Civil Aviation.
The State of Design, which is the country responsible for the design of a particular aircraft type, bears the primary responsibility for ensuring the aircraft's continuing airworthiness. This includes providing necessary information to the State of Registry, which is the country where the aircraft is registered. The State of Registry must then develop or adopt requirements to maintain the airworthiness of the aircraft registered within its jurisdiction. In Australia, CASA is the national airworthiness authority, tasked with assessing ADs issued by States of Design and, when necessary, issuing corresponding Australian ADs to enforce the requirements set by the State of Design.
In response to an AD issued by the European Aviation Safety Authority (EASA) for the Eurocopter EC 225 model helicopters, CASA has issued Australian AD/EC 225/12 Amendment 1, which will take effect on 24 April 2009. This directive cancels and replaces the previous AD. Given the international obligations under the Convention on International Civil Aviation and the process of responding to directives issued by the State of Design, no public consultation was conducted on this AD. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Breaching the requirements set out in an AD can lead to severe consequences. Non-compliance with the directives may result in penalties, including fines and imprisonment, depending on the nature and severity of the breach. The specific penalties are not detailed within the text provided, but generally, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the enforcement mechanisms and penalties for non-compliance with airworthiness directives. These measures are in place to ensure the highest standards of aviation safety are maintained, both nationally and internationally.