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 2006-0252 affecting Eurocopter AS 350 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/101, Amendment 1, which will become effective on 26 October 2006. 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 legislative framework for civil aviation in Australia, aiming to ensure the safety of air navigation. The Act grants the Governor-General the authority to make regulations under section 98, with a specific focus on enhancing the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail the processes and standards for maintaining airworthiness, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as stipulated in regulation 39.001. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, serve to mandate compliance with safety standards for aircraft and aeronautical products. The legislative framework is designed to align with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which outlines the responsibilities of the State of Design and the State of Registry in ensuring the continuing airworthiness of aircraft. This regulatory approach ensures that Australian aviation practices are consistent with international obligations and standards, thereby enhancing overall aviation safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These directives are integral to maintaining the continuing airworthiness of aircraft and are issued in accordance with the requirements set out in Annex 8 to the Convention on International Civil Aviation. The ADs serve as legislative instruments and must be assessed and, if appropriate, issued by CASA to mandate the requirements determined by the State of Design. In the case of the Eurocopter AS 350 model helicopters, CASA issued Australian AD/ECUREUIL/101, Amendment 1, following an AD issued by the European Aviation Safety Authority on behalf of France. The issuance of such ADs is part of Australia's obligations under international conventions and does not require public consultation or a Regulatory Impact Statement. The ADs extend their application nationally and are issued under the authority vested in CASA by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, as per section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
An airworthiness directive is an official document issued to ensure the continuing airworthiness of aircraft. Under the Convention on International Civil Aviation, particularly Annex 8, the State of Design holds the primary responsibility for the ongoing airworthiness of an aircraft type, and must provide necessary information to ensure compliance with airworthiness standards to the States of Registry. The State of Registry, on the other hand, is responsible for the airworthiness of individual aircraft and must establish or adopt the requisite requirements to maintain it. Consequently, when a State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
The obligations imposed by this regulation are primarily on CASA and the States of Design and Registry. CASA must review any AD issued by a State of Design affecting aircraft registered in Australia, and if deemed necessary, issue a corresponding Australian AD to ensure compliance with international airworthiness standards. States of Design are obligated to issue ADs for any safety issues identified with their aircraft types, providing essential information to maintain airworthiness. States of Registry must then enforce these ADs on individual aircraft within their jurisdiction, ensuring all aircraft meet the necessary safety standards.
Failure to comply with an AD can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to criminal and civil penalties. Specifically, section 92 of the Act stipulates that a person who contravenes an AD commits an offence. The maximum penalty for such an offence is a fine of up to 5,000 penalty units or imprisonment for up to five years, or both, for an individual, and double those amounts for a body corporate. Additionally, CASA may take enforcement actions, such as grounding the aircraft or imposing fines, further underscoring the importance of adhering to ADs to maintain aviation safety standards.