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 2009-0023 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 225/4, Amendment 1, which will become effective on 9 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, 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, enacted to ensure the safety and efficiency of civil aviation in Australia, includes provisions for the creation of airworthiness directives by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further elaborate on the process through which CASA can issue these directives, which are legislative instruments that mandate specific safety requirements for aircraft types and aeronautical products. This legislative framework responds to the need for standardised safety measures across the aviation industry, aligning with international standards set forth in the Convention on International Civil Aviation. In the case of the Eurocopter EC 225 model helicopters, CASA issued Australian AD/EC 225/4, Amendment 1, following an airworthiness directive from the European Aviation Safety Authority (EASA), reflecting Australia’s commitment to international safety protocols. The process of issuing such directives is driven by the necessity to ensure the continuing airworthiness of aircraft, in accordance with the responsibilities outlined in Annex 8 of the Convention, and does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that mandate safety requirements for specific types of aircraft and aeronautical products. These directives are essential to ensuring the continuing airworthiness of aircraft registered in Australia, aligning with Australia's responsibilities under the Convention on International Civil Aviation. When a State of Design, such as France for the Eurocopter EC 225 model, issues an AD, CASA must assess and, if necessary, issue a corresponding Australian AD to enforce these safety measures. This process ensures that Australian aircraft meet international safety standards, and it is mandated by Australia's obligations under international agreements. The issuance of ADs such as Australian AD/EC 225/4, Amendment 1, is not subject to public consultation or a Regulatory Impact Statement, reflecting their urgent and critical nature in maintaining aviation safety.
Key Provisions
The Civil Aviation (Airworthiness) Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001(5). An AD is a legislative instrument under section 46A of the Acts Interpretation Act 1901 and is issued in accordance with section 6 of the Legislative Instruments Act 2003. These ADs are crucial for maintaining the continuing airworthiness of aircraft types and are typically issued by the State of Design, as per Annex 8 to the Convention on International Civil Aviation. In Australia, CASA, acting as the national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, issue an Australian AD to enforce those requirements.
The State of Registry, which in Australia is CASA, is responsible for ensuring the continuing airworthiness of individual aircraft registered in Australia. This responsibility involves developing or adopting necessary requirements, which may include adhering to ADs issued by the State of Design. For instance, the European Aviation Safety Authority (EASA), acting on behalf of France as the State of Design for Eurocopter EC 225 model helicopters, issued AD 2009-0023. CASA assessed this directive and subsequently issued Australian AD/EC 225/4, Amendment 1, which replaces the previous directive and will become effective on 9 April 2009. The process of issuing this AD was conducted in compliance with the Civil Aviation Act 1988, specifically subsection 84A(2), by the Manager, Airframes & Structures in the Airworthiness Engineering Group on behalf of CASA.
In terms of regulatory and procedural obligations, the issuance of ADs is governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. CASA must ensure that all ADs issued comply with these legislative frameworks and are aligned with international standards set by ICAO. The ADs serve as a binding directive for aircraft operators and other relevant entities, mandating compliance with specific safety requirements. Additionally, these ADs are issued without public consultation as they are a direct response to international obligations under the Convention on International Civil Aviation. The Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement.
Failure to comply with an AD can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines, as well as criminal penalties for more severe infractions. The specific penalties vary depending on the nature and severity of the breach but can include substantial fines and potential imprisonment. It is imperative for aircraft operators and other affected entities to adhere to the requirements set forth in ADs to avoid these repercussions and ensure the continued safety of air navigation.