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 2007-0197-E affecting Eurocopter EC 225 LP 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, which will become effective on 23 October 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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legislative framework for the regulation of civil aviation in Australia, addressing issues related to the safety, efficiency and orderly development of civil aviation. In accordance with section 98 of this Act, the Governor-General has the authority to make regulations for the purposes of the Act, with a primary focus on ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are a legislative instrument as defined under the Legislative Instruments Act 2003. The ADs play a crucial role in ensuring the continuing airworthiness of aircraft and are aligned with the obligations of Australia under the Convention on International Civil Aviation. The issuance of these directives is primarily a response to the State of Design's responsibilities, as outlined in Annex 8 of the Convention, and CASA's role as the national airworthiness authority.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments that hold the force of law and are subject to disallowance under the Acts Interpretation Act 1901 and Legislative Instruments Act 2003. The State of Design, as defined by Annex 8 to the Convention on International Civil Aviation, has the primary responsibility for the continuing airworthiness of an aircraft type, and must provide the necessary information to the States of Registry to maintain this airworthiness. Consequently, when a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the State of Design’s requirements. This process ensures compliance with international standards and the safety of aircraft registered in Australia.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to establish regulations aimed at enhancing the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further provides the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as stipulated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation are multifaceted. Firstly, the State of Design, which is the country responsible for the original design of the aircraft, is mandated under Annex 8 to the Convention on International Civil Aviation to ensure the continuing airworthiness of an aircraft type. This involves providing necessary information to the States of Registry to maintain the aircraft's airworthiness. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. In cases where a State of Design issues an AD, such as the AD 2007-0197-E by the European Aviation Safety Authority (EASA) concerning the Eurocopter EC 225 LP model, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Non-compliance with airworthiness directives can have serious legal and safety implications. Under the Civil Aviation Act 1988, failure to adhere to an AD can result in significant penalties. For instance, an operator who does not comply with an AD may face civil penalties, including fines up to $275,000 for corporations and $55,000 for individuals. Additionally, the Director of Civil Aviation may issue a direction to ground the aircraft, and persistent non-compliance can lead to the suspension or revocation of the aircraft's certificate of airworthiness. Criminal penalties may also apply, especially in cases where non-compliance results in serious injury or death, with potential imprisonment terms of up to five years for individuals and higher fines for corporations. These stringent measures underscore the importance of adhering to airworthiness directives to maintain the safety and integrity of air navigation.