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 2008-0184, affecting Eurocopter EC 130 B4 helicopters. France is the State of Design for these helicopters. As a result of EASA AD 2008-0184 superseding EASA AD 2006-0079, CASA has amended the equivalent Australian AD to AD/ECUREUIL/119 Amendment 2. The amended AD will become effective on 18 December 2008. 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, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to ensure the safety and efficiency of civil aviation within Australia, provides the authority for the creation of regulations that uphold air navigation safety. The Civil Aviation Safety Regulations 1998 further delineate the scope of these regulations, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Such directives are integral to maintaining the continuing airworthiness of aircraft as mandated by international conventions, specifically Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for an aircraft type’s airworthiness. CASA, as Australia’s national airworthiness authority, is tasked with assessing information provided by the State of Design and issuing corresponding ADs to ensure compliance with international standards. This approach ensures that Australian civil aviation practices align with global safety protocols and maintain the integrity of the national airspace.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General can make regulations in the interests of 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 ADs for particular types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are integral to ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, with the State of Design having primary responsibility for providing necessary information. The State of Registry, such as Australia in the case of aircraft registered in this country, must then adopt or develop requirements to meet these international standards. CASA, as Australia's national airworthiness authority, assesses information from the State of Design and issues corresponding ADs to enforce compliance with safety standards. In the case of Eurocopter EC 130 B4 helicopters, following the issuance of European Union AD 2008-0184 by the European Aviation Safety Agency, CASA has issued an amended Australian AD to mandate the requirements for helicopters registered in Australia, reflecting Australia's international obligations and ensuring uniformity in air safety standards.
Key Provisions
The Civil Aviation Act 1988, as supplemented 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 can make regulations in the interests of safety, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs issued by CASA are aligned with Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information to ensure the continuing airworthiness of aircraft types.
In terms of obligations, the State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the State of Registry, which in turn must develop or adopt requirements to ensure the continuing airworthiness of aircraft. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This process was exemplified in the case of Eurocopter EC 130 B4 helicopters, where an AD issued by the European Aviation Safety Agency (EASA) led to CASA amending the equivalent Australian AD to AD/ECUREUIL/119 Amendment 2.
There are specific consequences for non-compliance with ADs. Any person who contravenes an AD commits an offence and is liable to penalties. The maximum penalty for an individual is 50 penalty units, while for a body corporate, the penalty is 500 penalty units. These penalties underscore the importance of adhering to airworthiness directives and the serious implications of non-compliance. Additionally, CASA has the authority to take enforcement actions, including grounding aircraft that do not comply with applicable ADs, which further emphasises the mandatory nature of these directives.