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 European Aviation Safety Authority (EASA) has issued AD 2006-0060-E affecting Eurocopter AS 350 model helicopters. EASA now acts as the Airworthiness Authority for France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ECUREUIL/118, which will become effective on 15 March 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, Airframes 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 framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. This legislation provides the authority for the Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under regulation 39.001 of these regulations, CASA can issue ADs for types of aircraft or aeronautical products to ensure the continuing airworthiness of aircraft registered in Australia. The authority to issue ADs stems from section 98 of the Civil Aviation Act 1988, which allows for the making of regulations by the Governor-General in the interests of air navigation safety. The policy objective of these regulations is to ensure that all aircraft operating in Australia meet the required safety standards, thereby maintaining high levels of safety in the national airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This authority is exercised to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international obligations under Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is Australia in this context, is tasked with ensuring the airworthiness of each aircraft registered within its territory. When the State of Design, such as the European Aviation Safety Authority (EASA) for certain aircraft types, issues an AD, CASA, acting as the national airworthiness authority, is mandated to review and, if necessary, issue a corresponding Australian AD. This process is exemplified by CASA's issuance of AD/ECUREUIL/118 in response to EASA's AD 2006-0060-E for Eurocopter AS 350 model helicopters. The legislative framework underpinning these directives classifies them as disallowable instruments under the Acts Interpretation Act 1901, and they are legislative instruments as per the Legislative Instruments Act 2003. Notably, this regulatory process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The key provisions of the Civil Aviation Safety Regulations 1998, as they pertain to the issuance of airworthiness directives (ADs), are found in regulation 39.001 (subsection 5). According to these provisions, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, which means they can be reviewed and potentially disallowed by Parliament. These ADs are also legislative instruments, as per section 6 of the Legislative Instruments Act 2003. The State of Design holds responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure this, particularly to States of Registry. In this context, the State of Registry must establish requirements to ensure the continuing airworthiness of aircraft. If a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the State of Design’s requirements.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties governed by the Act include ensuring the continuing airworthiness of aircraft. The State of Design must provide any necessary information to the States of Registry to maintain airworthiness. CASA, as Australia’s national airworthiness authority, is tasked with assessing ADs issued by foreign authorities and determining whether to issue corresponding ADs for Australian-registered aircraft. Additionally, the State of Registry, which in Australia is CASA, must develop or adopt requirements that ensure the continuing airworthiness of aircraft within its jurisdiction. These obligations are designed to maintain safety standards in line with international conventions and to ensure that aircraft are maintained in a safe and airworthy condition.
In terms of consequences for non-compliance, the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences or penalties for breaching ADs. However, general aviation laws and regulations could impose civil or criminal penalties for non-compliance with ADs. For instance, operating an aircraft that does not comply with ADs could result in enforcement actions under the Civil Aviation Act 1988. Penalties can include fines and potential imprisonment, depending on the severity of the breach and its impact on safety. CASA has the authority to take enforcement action against operators who fail to comply with ADs, which could result in severe civil and criminal consequences. It is important for operators to adhere to ADs to avoid legal repercussions and ensure the safety of air navigation.