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 DGAC has issued AD F-2006-010 affecting Eurocopter/EC130 aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ECUREUIL/116, which will become effective on 11 January 2006.
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 establish a comprehensive framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act provides the legislative basis for the Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives (ADs). These ADs are critical in maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) issues these directives to address specific safety concerns, often in response to directives issued by the aircraft's State of Design. The authority to issue ADs is granted under regulation 39.001 of the Civil Aviation Safety Regulations, and these directives are considered legislative instruments under the Acts Interpretation Act 1901. The policy objective of these regulations is to ensure that the continuing airworthiness of aircraft registered in Australia meets international safety standards, thus safeguarding both domestic and international air travel.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation and the continuing airworthiness of aircraft. According to regulation 39.001 of the Civil Aviation Safety Regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products. These directives are legal instruments that establish mandatory requirements to maintain the airworthiness of aircraft registered in Australia, aligning with international standards set forth in Annex 8 of the Convention on International Civil Aviation. The ADs are issued in response to the State of Design's obligations, ensuring that the continuing airworthiness of an aircraft type is maintained, and in the case of Australian-registered aircraft, CASA must assess and, if necessary, issue corresponding Australian ADs. These directives are made without public consultation due to their international compliance nature and do not require a Regulatory Impact Statement, reflecting their specific and targeted application to aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under section 39.001. These ADs are legislative instruments, as outlined in section 6 of the Legislative Instruments Act 2003, and are designed to ensure the continuing airworthiness of aircraft, aligning with international standards under Annex 8 of the Convention on International Civil Aviation. The State of Design, such as France in the case of the Eurocopter/EC130 aircraft, has the primary responsibility for issuing ADs concerning the design of an aircraft, while the State of Registry, such as Australia for aircraft registered in Australia, must implement these directives to maintain the aircraft's airworthiness. CASA, as Australia's national airworthiness authority, assesses the foreign ADs and, if necessary, issues Australian ADs to enforce the requirements of the State of Design.
The obligations imposed on the parties governed by these regulations include ensuring that all aircraft registered in Australia comply with any ADs issued by CASA. This involves implementing any required modifications, inspections, or operational changes to maintain the aircraft's airworthiness. Operators and owners of affected aircraft must adhere to the timelines and procedures specified in the ADs, which may include reporting compliance to CASA. The State of Design must provide CASA with all necessary information to ensure that Australian ADs accurately reflect the requirements intended to maintain the continuing airworthiness of the aircraft. CASA, in turn, is obligated to review and assess foreign ADs, and issue corresponding Australian ADs as necessary, to uphold safety standards in accordance with international agreements.
Failure to comply with ADs can result in serious consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD can be subject to penalties. The penalties can include fines up to a specified amount and, in severe cases, imprisonment. For aircraft operations, non-compliance can lead to grounding of the aircraft until the required actions are taken, potentially disrupting flight schedules and incurring significant costs for the operator. Furthermore, operators found in breach of ADs may face additional regulatory actions, such as suspension or revocation of their air operator certificate, which would severely impact their ability to continue operations. These stringent measures underscore the importance of adhering to ADs to ensure the highest standards of safety in civil aviation.