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 French DGAC has issued AD F-2005-158 affecting Eurocopter AS350 and EC 130 model helicopters. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ECUREUIL/114 which will become effective on 30 September 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 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 safety and security in Australia, ensuring that the industry meets international standards and adequately safeguards the public. This legislation was developed in response to the need for comprehensive national regulation of civil aviation, addressing gaps in safety oversight and harmonising Australia's aviation safety standards with those set by the International Civil Aviation Organization (ICAO). The Act grants the Governor-General the authority to make regulations, such as those found in the Civil Aviation Safety Regulations 1998, to maintain the safety of air navigation. Under this regulatory framework, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) to ensure that aircraft and aeronautical products meet safety standards. The policy objective of the Act is to uphold the highest standards of civil aviation safety in Australia, thereby protecting the public and aligning with international safety protocols.
Scope and Application
The Civil Aviation Act 1988, through 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. This authority is exercised in the interests of ensuring the safety of air navigation, aligning with the overarching responsibilities of the State of Design for continuing airworthiness as stipulated under Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments that are subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are processed in accordance with the Legislative Instruments Act 2003. These directives apply to aircraft registered in Australia and are mandated by the State of Registry, which is responsible for ensuring the continuing airworthiness of aircraft. CASA, as Australia's national airworthiness authority, issues Australian ADs in response to directives from the State of Design, such as the French DGAC's AD F-2005-158 affecting Eurocopter AS350 and EC 130 model helicopters, subsequently issuing Australian AD/ECUREUIL/114 effective from 30 September 2005. The process of issuing these ADs does not require public consultation or a Regulatory Impact Statement, as they are made in response to international obligations and are within CASA’s regulatory purview.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the authority to create regulations in the interest of safety, and regulation 39.001 specifies that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument, making it a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation primarily rest on CASA as the national airworthiness authority. CASA is required to assess airworthiness directives issued by the State of Design, and if necessary, issue corresponding Australian ADs. This ensures that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with international standards set by the Convention on International Civil Aviation. The State of Design, in this case France, is responsible for providing necessary information to maintain airworthiness, and the State of Registry, Australia, must implement these directives.
Failure to comply with an airworthiness directive can lead to serious consequences. Section 24 of the Civil Aviation Act 1988 outlines the penalties for non-compliance, which can include fines and imprisonment. Specifically, an individual may face a fine of up to $21,000 and/or imprisonment for up to 12 months for a first offence. For a subsequent offence, the fine can increase to $42,000 and/or imprisonment for up to 24 months. Additionally, an aircraft operator who fails to comply with an AD can be subject to administrative penalties under the Civil Aviation Regulations 1988, which may include fines or suspension of the operator’s certificate.
The AD issued by CASA in response to the French AD F-2005-158 is specific to Eurocopter AS350 and EC 130 model helicopters, and it mandates the implementation of certain safety measures. Given the international obligations and the direct response to a State of Design directive, this AD was issued without public consultation, and a Regulatory Impact Statement was deemed unnecessary by the Office of Regulatory Review. CASA has ensured that the AD adheres to the legislative requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, underscoring the importance of adhering to these safety directives to maintain the integrity of Australia’s aviation safety standards.