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 EASA has issued AD 2007-0236 affecting Eurocopter AS 350 helicopters. EASA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ECURIEL/109, Amendment 4, which will become effective on 14 September 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, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish and regulate the safety and efficiency of civil aviation in Australia. This Act provides the legislative framework under which the Civil Aviation Safety Regulations 1998 operate, with the overarching goal of ensuring the safety of air navigation. One significant aspect of this legislation is the ability of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft and aeronautical products. Such directives are critical in ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO), particularly under Annex 8, which mandates that the State of Design holds responsibility for the continuing airworthiness of aircraft types. CASA, as Australia’s national airworthiness authority, must therefore respond to directives from the State of Design, such as the European Aviation Safety Agency (EASA), by issuing appropriate Australian ADs. This process ensures that Australian-registered aircraft meet necessary safety standards, thereby fulfilling Australia’s international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation (Airworthiness) Amendment Regulations 2007, made under section 98 of the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as legislative instruments to ensure the continuing airworthiness of aircraft registered in Australia. This is consistent with the obligations of Australia as a signatory to the Convention on International Civil Aviation and the specific responsibilities of the State of Registry for individual aircraft. The ADs are issued in response to directives from the State of Design, such as the European Aviation Safety Agency (EASA) in the case of Eurocopter AS 350 helicopters, and mandate specific safety measures in line with international standards. Given the nature of these directives as a response to international obligations and standards, they do not require consultation with the Australian public or a Regulatory Impact Statement, and are issued by CASA in accordance with the legislative framework provided by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 facilitate the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Subregulation 39.001(5) further specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby making it a legislative instrument.
These provisions establish a framework for CASA to act on airworthiness information from the State of Design, ensuring that the continuing airworthiness of aircraft types and products is maintained in accordance with international standards. The State of Design, in this case, the European Union Aviation Safety Agency (EASA), has issued an AD for Eurocopter AS 350 helicopters, prompting CASA to issue an Australian AD/ECURIEL/109, Amendment 4. This Australian AD mandates the requirements set forth by EASA and will become effective on 14 September 2007, replacing the previous issue.
The obligations imposed by the Act and the Regulations require CASA to assess the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with safety standards. The State of Registry, in this context, Australia, must ensure the continuing airworthiness of the aircraft registered within its jurisdiction by adhering to these ADs. Furthermore, these provisions ensure that the information and requirements necessary for maintaining airworthiness are communicated effectively between the State of Design and the State of Registry.
In terms of compliance and enforcement, breaches of the ADs may lead to serious consequences. While the specific civil or criminal penalties for non-compliance are not detailed in the provided text, the issuance of ADs is a critical mechanism to maintain safety standards, and non-compliance could potentially result in legal action against the aircraft operator or owner. The legislative nature of ADs underscores the seriousness of adhering to these safety directives, and any failure to comply may attract significant penalties as prescribed by relevant aviation laws.