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 2009-0024 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 225/6, 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 by the Commonwealth Parliament, governs civil aviation safety in Australia, aiming to ensure the highest possible safety standards for air navigation. This Act empowers the Governor-General to create regulations that serve the interests of air navigation safety. The Civil Aviation Safety Regulations 1998, made under the Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The Act and accompanying regulations reflect Australia's commitment to international civil aviation standards, particularly through adherence to the Convention on International Civil Aviation, which mandates that the State of Design maintains responsibility for the continuing airworthiness of aircraft types, and the State of Registry enforces these standards within their jurisdiction.
In response to an airworthiness directive issued by the European Aviation Safety Authority (EASA) concerning Eurocopter EC 225 model helicopters, CASA has issued Australian AD/EC 225/6, Amendment 1. This directive, effective from 9 April 2009, replaces the previous directive and aligns with Australia's obligations under international conventions. Given the international nature and technical requirements of such directives, no public consultation was deemed necessary, and a Regulatory Impact Statement was not required. The AD was issued by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the legislative framework established by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, as amended, apply to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation. ADs are legislative instruments subject to disallowance and are issued in response to obligations under international conventions, particularly Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design holds responsibility for the continuing airworthiness of aircraft types. When a State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD. For example, CASA issued Australian AD/EC 225/6, Amendment 1, following an AD from the European Aviation Safety Authority affecting Eurocopter EC 225 model helicopters. The issuance of such ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are formulated by CASA personnel, specifically the Manager, Airframes & Structures in the Airworthiness Engineering Group, in accordance with the Act.
Key Provisions
The main operative sections of this legislation pertain to the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (section 39.001). According to this regulation, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for particular types of aircraft or aeronautical products. These ADs serve as legislative instruments, as outlined in section 6 of the Legislative Instruments Act 2003 and subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998. The ADs are intended to ensure the continuing airworthiness of aircraft, in line with the requirements of Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered in Australia, and these requirements are mandated through ADs.
The obligations and requirements imposed by this Act on the relevant parties include the responsibility of the State of Design to provide information necessary to ensure the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. The ADs serve as the most common form of continuing airworthiness information and are issued by most ICAO Contracting States. When CASA issues an Australian AD, it must comply with the requirements set out in the AD issued by the State of Design.
In terms of consequences for breach, the Act does not explicitly state any specific offences, penalties, or civil/criminal consequences for non-compliance with the ADs. However, it is important to note that failing to comply with ADs may result in legal action being taken against the responsible parties. The consequences of such non-compliance may include penalties such as fines, suspension or revocation of an aircraft operator certificate, or even criminal charges depending on the severity of the breach. It is the responsibility of the State of Registry to ensure that the ADs are adhered to and that the safety of air navigation is maintained.