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 2008-0214-E affecting Eurocopter AS350 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/ECUREUIL/100, Amendment 3, which will become effective on 11 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 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 regulate civil aviation in Australia, particularly focusing on ensuring the safety of air navigation. This Act empowers the Governor-General to establish regulations aimed at enhancing aviation safety, with the Civil Aviation Safety Regulations 1998 providing specific frameworks for such measures. One such regulation is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are legislative instruments made under section 98 of the Act and regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are crucial for maintaining the continuing airworthiness of aircraft and are issued in accordance with international standards set by the International Civil Aviation Organization (ICAO). In the case of the Eurocopter AS350 model helicopters, CASA issued AD/ECUREUIL/100, Amendment 3, following an assessment of an AD issued by the European Aviation Safety Authority on behalf of the State of Design, France. This action aligns with Australia's obligations under the Convention on International Civil Aviation and was made without public consultation, as it falls under the purview of international commitments. The AD was authorised by CASA, in compliance with subsection 84A(2) of the Act, and it does not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are considered legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs are crucial for ensuring the continuing airworthiness of aircraft types and are issued by CASA in response to directives from the State of Design or in accordance with international obligations under the Convention on International Civil Aviation. The State of Registry, such as Australia in this context, is responsible for ensuring the continuing airworthiness of individual aircraft and must adopt or develop the necessary requirements to comply with ADs issued by the State of Design. In this instance, CASA has issued an Australian AD in response to an EASA directive for Eurocopter AS350 model helicopters, reflecting Australia’s commitment to international standards and safety protocols.
Key Provisions
The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001. These directives are issued to ensure the continuing airworthiness of specific types of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interest of air navigation safety, and regulation 39.001 specifies that these regulations can include the issuance of ADs. Importantly, subregulation 39.001(5) states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, an AD is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations include the State of Design having overall responsibility for the continuing airworthiness of an aircraft type, as per Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure the continuing airworthiness of the aircraft type to the appropriate States of Registry. In turn, the State of Registry, such as Australia, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. When a State of Design, like France, issues an AD, CASA, as Australia’s national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Breaching the provisions of these regulations can lead to significant consequences. While the specific civil or criminal penalties for non-compliance with ADs are not explicitly detailed in the text, it is implied that failure to adhere to the mandated requirements could result in severe penalties. These may include administrative fines, suspension or revocation of airworthiness certificates, or other regulatory actions to enforce compliance. The overarching goal of these regulatory measures is to ensure that all aircraft maintain the highest standards of safety and airworthiness, thereby protecting public safety and maintaining the integrity of the aviation industry.