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 issued AD 2006-0079, affecting EUROCOPTER EC 130B4 helicopters. EASA is the State of Design for this type. As a result of a request from industry, regarding a typographical error, CASA has amended the equivalent Australian AD to AD/ECUREUIL/119 Amendment 1 which will become effective on 3 August 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, ensuring safety and efficiency in the industry. This Act provides the legal framework for the establishment of civil aviation safety standards and the regulation of air navigation. In 1998, the Civil Aviation Safety Regulations were introduced to further detail the safety requirements for aircraft and aeronautical products. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft registered in Australia. This legislative framework is designed to align with international standards set by the International Civil Aviation Organization (ICAO), ensuring that Australia meets its obligations under the Convention on International Civil Aviation. The ADs serve as a means to address safety issues identified by the State of Design or other contracting states, thereby ensuring that Australian-registered aircraft maintain their airworthiness in accordance with international safety standards. The issuing of ADs is a critical function of CASA, which operates under the authority granted by the Civil Aviation Act 1988 to protect public safety in civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are made in accordance with section 98 of the Civil Aviation Act 1988, which mandates regulations for the safety of air navigation. As a legislative instrument, ADs are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are regulated by the Legislative Instruments Act 2003. ADs are essential for ensuring the continuing airworthiness of aircraft, aligning with international obligations under Annex 8 of the Convention on International Civil Aviation, which places responsibility for airworthiness on the State of Design and the State of Registry. CASA, as Australia's national airworthiness authority, must assess and implement ADs issued by States of Design to ensure compliance with international standards. In this particular case, CASA amended an Australian AD to correct a typographical error in response to an AD issued by the European Aviation Safety Agency (EASA) concerning EUROCOPTER EC 130B4 helicopters, reflecting Australia's commitment to international air safety standards.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives, which are considered legislative instruments under the Legislative Instruments Act 2003, are designed to ensure the safety of air navigation and are crucial for the continuing airworthiness of aircraft types registered in Australia. Regulation 39.001(5) clarifies that ADs are disallowable instruments under the Acts Interpretation Act 1901, underscoring their regulatory significance.
The obligations imposed by this Act on parties such as CASA and States of Registry include ensuring the continuing airworthiness of aircraft through the issuance and enforcement of ADs. CASA, as Australia’s national airworthiness authority, must assess information provided by the State of Design, such as the European Aviation Safety Agency (EASA), and issue corresponding ADs if necessary. The State of Registry, which in this case is Australia, is required to develop or adopt requirements to maintain the airworthiness of aircraft registered within its territory. This involves a cooperative process where CASA evaluates and implements ADs issued by design authorities like EASA, ensuring that Australian-registered aircraft meet international safety standards.
Failure to comply with the requirements of an AD can result in serious legal consequences. Under section 84A of the Civil Aviation Act 1988, non-compliance with an AD may be considered an offence, potentially leading to criminal charges. The severity of the penalty can vary based on the nature and extent of the breach, but it may include fines and imprisonment. The specific penalties are detailed in the relevant sections of the Act and related regulations, which aim to enforce strict adherence to airworthiness standards to protect public safety.
In the specific case of AD/ECUREUIL/119 Amendment 1, CASA has issued this directive in response to an AD from EASA, addressing a typographical error in the EUROCOPTER EC 130B4 helicopters. Given that this directive aligns with international obligations under the Convention on International Civil Aviation and does not require public consultation, the process has been streamlined to ensure timely implementation. The Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement, facilitating a swift and effective regulatory response to safety issues.