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 2007-0012-E affecting Eurocopter EC 225 LP model aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/EC 225/3, which will become effective on 29 August 2008.
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 was enacted to ensure the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to make regulations in the interest of air navigation safety, including the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998 further detail these provisions, with regulation 39.001 allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for aircraft or aeronautical products. These directives serve as legislative instruments, aligning with the legislative framework established by the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. CASA's role as Australia's national airworthiness authority necessitates it to assess and, where necessary, issue Australian airworthiness directives in response to directives from the State of Design, in compliance with international obligations under the Convention on International Civil Aviation. The issuance of such directives, including AD/EC 225/3 for the Eurocopter EC 225 LP model aircraft, is conducted to maintain the safety standards required by Annex 8 of the Convention, without the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are instrumental in ensuring the ongoing airworthiness of aircraft and are issued in compliance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design bears overall responsibility for the continuing airworthiness of an aircraft type. CASA, acting as Australia's national airworthiness authority, is tasked with evaluating information from the State of Design and, if necessary, issuing an Australian AD to enforce the requirements. Such ADs are legislative instruments, subject to disallowance and the Legislative Instruments Act 2003. The geographic scope of these regulations extends to all aircraft registered in Australia, regardless of their State of Design, ensuring that Australian aviation safety standards align with international obligations. The process for issuing these directives is streamlined and does not require public consultation or a Regulatory Impact Statement, reflecting their technical nature and the international frameworks they operate within.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as applied through the Civil Aviation Safety Regulations 1998, establish the framework through which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) (sections 98 and 39.001). These ADs serve as legal instruments that mandate specific actions or conditions for the continuing airworthiness of aircraft or aeronautical products, as stipulated under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998. The airworthiness directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. They are integral to ensuring that the continuing airworthiness of aircraft types adheres to international standards set forth in Annex 8 to the Convention on International Civil Aviation, which assigns responsibilities to the State of Design and the State of Registry.
The obligations and requirements imposed by the Act and the Regulations on parties and entities include a responsibility for the State of Design to provide necessary information to ensure the continuing airworthiness of aircraft types, which CASA must then assess and, if appropriate, translate into Australian ADs. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. CASA, as Australia’s national airworthiness authority, plays a critical role in this process by evaluating ADs issued by the State of Design, such as the European Aviation Safety Authority (EASA), and subsequently issuing corresponding ADs to mandate compliance with Australian regulations.
Any breaches of the requirements set forth in the airworthiness directives can result in civil or criminal consequences. While the specific offences and penalties are not detailed in the provided text, it is implicit that non-compliance with ADs could lead to enforcement actions by CASA, potentially including fines, suspension or revocation of airworthiness certificates, or other regulatory sanctions. The authority to enforce these penalties is derived from the overarching legislative framework established by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The seriousness of these consequences underscores the critical importance of adhering to the airworthiness directives to ensure the safety of air navigation.