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 2006-0251 R1 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/109, Amendment 2, 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 the regulation of civil aviation in Australia, aiming to ensure the safety of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations for these purposes, and it provides the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments issued to maintain the airworthiness of aircraft types and aeronautical products, and they are critical in ensuring compliance with international standards set by the Convention on International Civil Aviation. In response to an AD issued by the European Aviation Safety Authority (EASA) for Eurocopter AS 350 model helicopters, CASA has issued Australian AD/ECUREUIL/109, Amendment 2, which becomes effective on 26 October 2006. This action aligns with Australia's obligations under the Convention and reflects CASA's role as the national airworthiness authority.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, provide the authority for the Civil Aviation Safety Administration (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as they fall under the category of disallowable instruments according to the Acts Interpretation Act 1901. ADs are integral to maintaining the continuing airworthiness of aircraft, with the State of Design holding primary responsibility for providing necessary information to ensure safety, as per Annex 8 of the Convention on International Civil Aviation. The State of Registry, in this case CASA as Australia's national airworthiness authority, is responsible for ensuring the compliance of individual aircraft on the Australian Register with these directives. In the case of the Eurocopter AS 350 model helicopters, the European Aviation Safety Authority (EASA), acting on behalf of the State of Design (France), issued an AD, which CASA subsequently assessed and adopted as an Australian AD, effective from 26 October 2006. This process adheres to international aviation safety standards and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products (39.001(5)). These ADs are legislative instruments that serve as a critical tool for ensuring the continuing airworthiness of aircraft. Under this regulation, CASA can mandate specific safety measures and compliance requirements to maintain the airworthiness of aircraft registered in Australia. The issuing of these ADs is rooted in the overarching responsibilities of the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for ensuring the continuing airworthiness of an aircraft type, and must provide necessary information to the States of Registry. CASA, as Australia's national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
The obligations imposed by these ADs require aircraft operators and owners to comply with the specific safety directives outlined within them. For example, CASA's AD/ECUREUIL/109, Amendment 2, issued in response to EASA's AD 2006-0251 R1, mandates compliance with certain safety measures for Eurocopter AS 350 model helicopters registered in Australia. Operators must adhere to the specified inspection, maintenance, and repair actions detailed in the AD to ensure their aircraft meet the required airworthiness standards. Failure to comply with these ADs can result in severe consequences, including potential grounding of non-compliant aircraft, which can significantly impact operations and safety.
Breaches of the ADs can lead to both civil and criminal consequences. Civil penalties for non-compliance can include fines and other financial penalties. The maximum penalty for non-compliance with ADs is specified in section 115 of the Civil Aviation Act 1988, which can include fines of up to $21,000 for individuals and higher amounts for corporations, depending on the severity and nature of the breach. Additionally, criminal penalties can be imposed for more serious violations, which may include imprisonment. The severity of the penalties underscores the importance of adhering to the ADs to ensure the safety and integrity of air navigation in Australia.