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 R2 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 3, which will become effective on 30 August 2007. 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, enacted by the Australian Parliament, provides a framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. This legislation empowers the Governor-General to make regulations that serve the interests of safe air navigation, as seen in the issuing of airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998, under regulation 39.001, further delegate the authority to the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The ADs serve as legislative instruments that align with international standards and obligations under the Convention on International Civil Aviation, particularly those set forth in Annex 8, which mandates that the State of Design maintain and provide necessary information for the continuing airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, plays a crucial role in ensuring that Australian aircraft comply with these international standards by assessing and, when necessary, issuing corresponding Australian ADs. The policy objective underpinning these provisions is to ensure the highest standards of air safety through rigorous and internationally harmonised regulatory practices.
Scope and Application
The Civil Aviation (Airworthiness) Amendment (Airworthiness Directives) Instrument 2007 (No. 1) pertains to the regulation of airworthiness directives (ADs) under the Civil Aviation Act 1988, specifically through the Civil Aviation Safety Regulations 1998. This legislation applies to all entities involved in the manufacture, maintenance, and operation of aircraft within Australia, ensuring that they adhere to safety standards mandated by ADs. These directives, issued by the Civil Aviation Safety Authority (CASA), are legislative instruments designed to maintain the continuing airworthiness of aircraft registered in Australia. The Act and accompanying regulations extend to all Commonwealth-registered aircraft, ensuring a uniform approach to air safety across the nation. While ADs are mandatory for the aviation industry, they do not apply to international public transport aircraft in respect of certain types of ADs, as these are governed by international agreements such as Annex 8 to the Convention on International Civil Aviation. The issuance of ADs by CASA is subject to the assessment and endorsement of directives issued by the State of Design, thereby integrating international safety standards into the Australian regulatory framework.
Key Provisions
The Civil Aviation Act 1988, as augmented by the Civil Aviation Safety Regulations 1998, establishes a framework for the safety of air navigation in Australia. Specifically, section 98 of the Act empowers the Governor-General to make regulations in the interests of safety, while regulation 39.001 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. Section 39.001(5) of these regulations further clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, and thus, a legislative instrument as per the Legislative Instruments Act 2003.
The obligations imposed by these provisions necessitate that the State of Design—the country where the aircraft type was designed—assumes overall responsibility for the continuing airworthiness of that aircraft type. This includes providing necessary information to ensure airworthiness to the appropriate States of Registry, which are responsible for individual aircraft. CASA, acting as Australia’s national airworthiness authority, must evaluate any ADs issued by the State of Design and, if deemed appropriate, issue corresponding Australian ADs to enforce these requirements. This ensures that all aircraft registered in Australia meet the necessary safety standards.
Failure to comply with ADs can result in serious consequences. Under section 84A(2) of the Civil Aviation Act 1988, CASA has the authority to issue these directives. The Act and its regulations do not explicitly state offences or penalties for non-compliance with ADs, but non-compliance can lead to severe civil and criminal consequences, including the grounding of aircraft, fines, and potential imprisonment for those responsible. The gravity of these outcomes underscores the importance of adhering to ADs for maintaining aviation safety.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 mandate that CASA issue ADs to ensure the continuing airworthiness of aircraft. These directives are essential for maintaining safety standards, with non-compliance potentially leading to significant legal and operational repercussions. The process of issuing and enforcing ADs is firmly rooted in international aviation conventions and Australian law, ensuring that all aircraft in Australia meet stringent safety criteria.