CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 French DGAC has issued AD UF-2005-087 affecting Eurocopter AS 350 B, BA, BB, B1, B2, B3 and D aircraft. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ECUREUIL/111, which will become effective on 2 June 2005.
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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, 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 ensuring the safety of air navigation within Australia. This Act empowers the Governor-General to make regulations for the purpose of ensuring the safety of air navigation, with the Civil Aviation Safety Regulations 1998 establishing the process for issuing airworthiness directives (ADs) as a means to maintain the safety and airworthiness of aircraft. ADs are legislative instruments, which, as per section 6 of the Legislative Instruments Act 2003, are created under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. These regulations enable the Civil Aviation Safety Authority (CASA) to issue directives based on the continuing airworthiness information provided by the State of Design or other relevant contracting states under the Convention on International Civil Aviation. CASA's role as the national airworthiness authority includes the responsibility to assess and, if necessary, issue Australian ADs to ensure compliance with international standards. The policy objective of this legislative framework is to ensure that the safety of air navigation is maintained by mandating the continuing airworthiness of aircraft based on internationally recognised directives and assessments.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Under this Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are legislative instruments that mandate specific actions to maintain the airworthiness of aircraft, and they are issued in accordance with international standards set by the Convention on International Civil Aviation. This legislation applies to all aircraft registered in Australia and those operated by Australian entities, requiring them to comply with airworthiness directives issued by CASA. The geographic reach of this legislation is national, ensuring that all aviation activities within Australia adhere to safety standards. While ADs do not require public consultation or a Regulatory Impact Statement, they are meticulously assessed by CASA to align with international obligations and safety standards, thereby ensuring the continuing airworthiness of aircraft in the Australian airspace.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Pursuant to this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are designed to maintain the continuing airworthiness of aircraft, a critical component of aviation safety. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, and thus, it is considered a legislative instrument under the Legislative Instruments Act 2003.
The obligations imposed by these regulations necessitate that the State of Design, which holds primary responsibility for the airworthiness of a specific aircraft type, provides essential information to the appropriate State of Registry. This information is crucial to ensure that the aircraft type remains airworthy. In Australia, CASA, as the national airworthiness authority, must evaluate any AD issued by the State of Design. If deemed necessary, CASA must then issue a corresponding Australian AD to enforce the requirements of the original directive. This ensures that aircraft registered in Australia comply with international standards and remain airworthy.
Failure to comply with the requirements of an AD can result in significant consequences. While specific penalties for non-compliance are not detailed in the provided text, general aviation regulations often include provisions for fines, suspension of airworthiness certificates, or even the grounding of non-compliant aircraft. Such measures are designed to enforce adherence to safety standards and protect the public from potential hazards.
Given the international nature of aviation, ADs are a common tool used by the International Civil Aviation Organization (ICAO) Contracting States to communicate airworthiness issues. In this case, the French Directorate General for Civil Aviation (DGAC) issued AD UF-2005-087 for Eurocopter AS 350 B, BA, BB, B1, B2, B3, and D aircraft, with France being the State of Design. CASA reviewed this directive and issued Australian AD/ECUREUIL/111, which came into effect on 2 June 2005. Because this directive is a response to an international requirement and does not involve public consultation or a Regulatory Impact Statement, it was issued in accordance with the legislative framework provided by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.