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 2008-0219-E affecting Eurocopter AS225 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 225/9, Amendment 1, which will become effective on 15 December 2008. 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 acting 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 was enacted to provide a comprehensive legal framework for civil aviation in Australia, addressing various aspects of air navigation, safety, and the operation of aircraft. One of the key provisions of the Act is section 98, which empowers the Governor-General to make regulations for the safety of air navigation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further elaborate on this by allowing CASA to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The primary objective of these regulations is to ensure the continuing airworthiness of aircraft in accordance with international standards set forth in Annex 8 to the Convention on International Civil Aviation, which places responsibility on the State of Design and the State of Registry for maintaining airworthiness. CASA issues Australian airworthiness directives in response to directives from the State of Design, ensuring compliance with international obligations and domestic safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft and aeronautical products. This legislative framework ensures that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with international standards, particularly those outlined in Annex 8 of the Convention on International Civil Aviation. The ADs, as legislative instruments, are issued to mandate specific requirements for the safety and airworthiness of aircraft, reflecting Australia's obligations under international conventions. For instance, when the European Aviation Safety Authority (EASA) issues an AD for a helicopter type designed by a State such as France, CASA must review and, if necessary, issue a corresponding Australian AD. This process ensures compliance with both international and national aviation safety standards. It is noteworthy that these directives are not subject to public consultation or a Regulatory Impact Statement, as they are a direct response to international obligations and safety concerns. The authority to issue such directives lies with CASA, specifically the acting Manager, Airframes & Structures in the Airworthiness Engineering Group, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to enact regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby classifying them as legislative instruments under section 6 of the Legislative Instruments Act 2003. This legislative framework ensures that ADs are formal instruments designed to maintain and enhance the safety standards of aircraft.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties involved are significant. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 of the Convention on International Civil Aviation. This responsibility includes providing necessary information to the States of Registry to ensure the aircraft's airworthiness. Similarly, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Failure to comply with ADs can lead to serious consequences. While the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly outline specific penalties for non-compliance with ADs, non-compliance can result in civil or criminal liability under other provisions of the Act. The potential penalties for breaches of safety regulations can include substantial fines and imprisonment, reflecting the critical importance of adhering to ADs to maintain aviation safety. The regulatory framework underscores the necessity for strict adherence to ADs to ensure the safety and integrity of air navigation.