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.
EASA issued AD 2006-0095, affecting Eurocopter AS 350 aircraft, in 2006. EASA acts as the Airworthiness Authority for France as the State of Design for this type. As a result of a new EASA AD, CASA has amended AD/ECUREUIL/107 Amendment 1 to reflect the terminating action provided by the new AD. The amended AD, AD/ECUREUIL/107 Amendment 2, will become effective on 28 August 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 in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, aims to ensure the safety of air navigation in Australia. The Act provides the legislative foundation for the regulation of civil aviation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Safety Regulations 1998. These directives are crucial for maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the Convention on International Civil Aviation. In response to an airworthiness directive issued by the European Aviation Safety Agency (EASA) for Eurocopter AS 350 aircraft, CASA has updated its own directive to reflect the latest safety requirements. This action underscores Australia’s commitment to international aviation safety standards and ensures that Australian-registered aircraft meet necessary safety criteria.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are legislative instruments and play a crucial role in ensuring the continuing airworthiness of aircraft types registered in Australia. The authority to issue these directives stems from the overarching responsibility of the State of Design to provide necessary information to maintain airworthiness, as stipulated in Annex 8 of the Convention on International Civil Aviation. Consequently, when a State of Design, such as the European Aviation Safety Agency (EASA), issues an AD, CASA must review the information and, if necessary, issue an Australian AD to enforce the requirements. This ensures that the continuing airworthiness of aircraft is maintained according to international standards. The process of issuing and amending ADs, such as the recent amendment to AD/ECUREUIL/107 Amendment 1 for Eurocopter AS 350 aircraft, does not require consultation with the Australian public nor a Regulatory Impact Statement, as these directives are responses to international obligations and directives from the relevant State of Design.
Key Provisions
Under the Civil Aviation Act 1988, the Governor-General is empowered to create regulations that ensure the safety of air navigation, as outlined in section 98. This authority is exercised through the Civil Aviation Safety Regulations 1998, where regulation 39.001 grants the Civil Aviation Safety Authority (CASA) the ability to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is important to note that these directives, as stated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations under the Civil Aviation Safety Regulations 1998 mandate that the State of Design, which is the country responsible for the design of the aircraft, must ensure the continuing airworthiness of the aircraft type. This involves providing necessary information to the appropriate State of Registry to maintain the aircraft’s airworthiness. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce the required safety measures. These directives are crucial for ensuring that all aircraft registered in Australia meet the necessary safety standards.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose specific responsibilities on the State of Registry to develop or adopt requirements that ensure the continuing airworthiness of aircraft. This means that any AD issued by the State of Design must be reviewed and, if applicable, implemented by CASA to mandate the necessary safety actions on aircraft registered in Australia. For instance, the European Aviation Safety Agency (EASA) issued AD 2006-0095 for Eurocopter AS 350 aircraft in 2006. As France is the State of Design for this type, CASA has amended AD/ECUREUIL/107 Amendment 1 to reflect the actions specified in the new EASA AD. The amended AD, AD/ECUREUIL/107 Amendment 2, which will become effective on 28 August 2008, replaces the previous version. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation has been required. The Office of Best Practice Regulation has also determined that ADs do not necessitate a Regulatory Impact Statement.
Failure to comply with the requirements set forth in airworthiness directives can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in significant penalties. Civil penalties can include fines, and in severe cases, criminal penalties may be imposed. The exact penalties depend on the nature and severity of the breach but can include substantial financial penalties and imprisonment, underscoring the importance of adhering to these directives to ensure aviation safety.