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 DGAC has issued AD F-2005-136 affecting Eurocopter Model AS 350 series aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ECUREUIL/109, Amendment 1, which will become effective on 29 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 establish a comprehensive legal framework governing civil aviation in Australia, addressing various aspects such as safety, licensing, and operational standards. This Act empowers the Governor-General to issue regulations for ensuring the safety of air navigation. One such regulation, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft and are regarded as legislative instruments under the Legislative Instruments Act 2003. In the context of international obligations, CASA, as Australia’s national airworthiness authority, must assess and issue Australian ADs in response to directives from the State of Design, ensuring compliance with international standards set by the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives apply to aircraft registered in Australia and are issued in response to international obligations under the Convention on International Civil Aviation. The State of Design, which in this case is France for the Eurocopter Model AS 350 series aircraft, is responsible for the continuing airworthiness of the aircraft type and must provide necessary information to the State of Registry, which is Australia for aircraft registered in the country. CASA, as Australia’s national airworthiness authority, assesses the information provided by the State of Design and issues corresponding Australian airworthiness directives if necessary. The AD F-2005-136 from France has been assessed by CASA, leading to the issuance of the Australian AD/ECUREUIL/109, Amendment 1, effective from 29 September 2005, which replaces the previous directive. The issuance of these directives is governed by the regulations and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to make regulations for the safety of air navigation, which includes the issuance of airworthiness directives (ADs) through regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs apply to specific kinds of aircraft or aeronautical products and, as per subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as defined by section 6 of the Legislative Instruments Act 2003.
The obligations under the Civil Aviation Safety Regulations 1998 place significant responsibility on the State of Design, which is the country where the aircraft type is designed. This State must provide necessary information to ensure the continuing airworthiness of the aircraft type to the States of Registry, which are responsible for the individual aircraft's airworthiness. When a State of Design issues an AD, the national airworthiness authority of the State of Registry, in this case, CASA, must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
In the case of the AD F-2005-136 issued by the DGAC for Eurocopter Model AS 350 series aircraft, France, as the State of Design, issued the directive. CASA, as Australia's national airworthiness authority, assessed this directive and issued Australian AD/ECUREUIL/109, Amendment 1, which became effective on 29 September 2005, replacing the previous version. Given the international obligations under the Convention on International Civil Aviation, no public consultation was conducted for this AD, and the Office of Regulatory Review determined that it did not require a Regulatory Impact Statement.
The AD was 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. The ADs carry significant authority and impose strict obligations on the entities they govern, including aircraft manufacturers and operators. Failure to comply with these directives can lead to severe consequences, including grounding of aircraft, civil penalties, and criminal charges. The maximum penalties for non-compliance with ADs can vary, but they often include substantial fines and potential imprisonment for serious breaches, reflecting the critical importance of airworthiness for safety.