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 French DGAC issued AD UF-2005-085, affecting AS350 BA model aircraft, in June 2004. France is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to clarify and relax limitations on flight over water. The amended AD, AD/ECUREUIL/100 Amendment 1, will become effective on 1 September 2005. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the industry. Section 98 of this Act empowers the Governor-General to make regulations that support the Act, specifically aiming to enhance the safety of air navigation. Complementing the Civil Aviation Act 1988, the Civil Aviation Safety Regulations 1998 further detail the mechanisms for maintaining airworthiness, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs, as legislative instruments, are designed to ensure that aircraft and aeronautical products meet continuing airworthiness standards, aligning with international obligations under the Convention on International Civil Aviation. The policy objective of these regulations is to harmonise Australia's approach to airworthiness with global standards, thereby safeguarding both domestic and international aviation safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework applies to all entities involved in the operation, maintenance, and manufacture of aircraft registered in Australia, ensuring compliance with international standards and obligations under the Convention on International Civil Aviation. These directives serve to mandate continuing airworthiness requirements that must be adhered to by the State of Registry for individual aircraft. The issuance of ADs is a legislative instrument, subject to disallowance under the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. While ADs are necessary for maintaining air safety, they are not subject to public consultation or regulatory impact statements, given their alignment with international obligations and the technical nature of the directives. The ADs are issued by CASA in response to directives from the State of Design or based on international safety standards, ensuring that Australian aviation remains in compliance with global safety protocols.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for ensuring the safety of air navigation. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. An AD is a legislative instrument, as stipulated under subregulation 39.001(5) of the Regulations and section 46A of the Acts Interpretation Act 1901.
The obligations under this legislation require CASA to assess any AD issued by the State of Design that pertains to aircraft on the Australian Register and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. The State of Design, which is the State where the aircraft type is designed, has the overall responsibility for ensuring the continuing airworthiness of the aircraft type. Meanwhile, the State of Registry, which is the State where the individual aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. The AD issued by CASA must align with the requirements set forth by the State of Design to maintain safety standards and comply with international conventions, such as Annex 8 to the Convention on International Civil Aviation.
In the specific case of the AS350 BA model aircraft, the French Directorate General for Civil Aviation (DGAC) issued AD UF-2005-085 in June 2004. France is the State of Design for this type of aircraft. CASA amended the equivalent Australian AD to relax certain flight limitations over water, resulting in AD/ECUREUIL/100 Amendment 1, which became effective on 1 September 2005. This amendment was issued without public consultation as it was determined by the Office of Regulatory Review that ADs do not require a Regulatory Impact Statement. The Manager, Airframes in the Manufacturing, Certification and New Technologies Office issued this AD on behalf of CASA in accordance with subsection 84A(2) of the Act.
The legislation also outlines the consequences for non-compliance with the ADs. While specific offences and penalties are not detailed in the provided text, it is implied that failure to comply with an AD could result in severe consequences, including potential grounding of the aircraft, fines, or other legal actions. Non-compliance with ADs is taken very seriously as they are critical to maintaining the safety standards required for air navigation.