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 2006-0272 affecting EC 130 B4 helicopters. The EASA is the State of Design for these helicopters. CASA has amended the equivalent Australian AD to AD/ECUREUIL/113 Amendment 1 which will become effective on 27 September 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, New Technologies and Systems, 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 regulate civil aviation in Australia and ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the safety of air navigation, and under section 98, the Civil Aviation Safety Regulations 1998 were established. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various kinds of aircraft or aeronautical products, ensuring the continuing airworthiness of aircraft registered in Australia. The ADs are legislative instruments that must comply with the Legislative Instruments Act 2003 and are issued in accordance with Australia's obligations under the Convention on International Civil Aviation. In the case of the AD issued for EC 130 B4 helicopters, CASA, as Australia's national airworthiness authority, assessed the information provided by the European Aviation Safety Agency (EASA) and issued an Australian AD to mandate the requirements of the State of Design. This process does not require public consultation, as it is based on international obligations and the issuing of equivalent ADs by other contracting states.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, applies to any person, entity, or industry involved in civil aviation within Australia, including aircraft manufacturers, operators, and maintenance providers. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations to ensure the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003 and are crucial for maintaining the continuing airworthiness of aircraft. The ADs are issued in compliance with international standards set by the Convention on International Civil Aviation, and Australia, as a State of Registry, is obligated to implement ADs issued by the State of Design, such as the European Union Aviation Safety Agency (EASA) in this case. The ADs have a national jurisdictional reach within Australia, and while they are issued in response to international obligations, they do not require public consultation or a Regulatory Impact Statement. CASA issues these directives to mandate safety requirements, ensuring alignment with international standards and maintaining the safety of air navigation in Australia.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) (sections 98, 39.001). An AD is a legislative instrument, which means it has legal effect and can be challenged in court (section 6 of the Legislative Instruments Act 2003). The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, and must provide any necessary information to the States of Registry, which include Australia (Annex 8 to the Convention on International Civil Aviation). When CASA issues an AD in response to one issued by the State of Design, it must ensure that the AD complies with Australia’s obligations under the Convention.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties governed by them include the responsibility of the State of Design to provide information on the continuing airworthiness of an aircraft type to the States of Registry, and the responsibility of the State of Registry to develop or adopt requirements to ensure the continuing airworthiness of aircraft (regulation 39.001, Annex 8). When CASA issues an AD, it must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design (regulation 39.001). CASA must also ensure that the AD complies with Australia’s obligations under the Convention on International Civil Aviation.
Breach of the ADs or failure to comply with the requirements of the ADs may result in civil or criminal penalties. Civil penalties include fines of up to $126,000 for individuals and $630,000 for corporations, while criminal penalties include fines of up to $504,000 for individuals and $2.52 million for corporations, and/or imprisonment for up to five years (subsection 59(1) of the Civil Aviation Act 1988). CASA may also take enforcement action against aircraft operators who fail to comply with the ADs, including grounding the aircraft or denying the operator access to Australian airspace. It is important for aircraft operators to be aware of the ADs and to ensure that their aircraft comply with the requirements of the ADs to avoid any legal or financial consequences.