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 has issued AD 2006-0337 affecting Eurocopter AS 350 B3 and EC 130 B4 model aircraft. EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ECUREUIL/124, which will become effective on 15 February 2007.
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, enacted by the Australian Parliament, serves as the fundamental legislation governing civil aviation in Australia. It was introduced to establish a robust regulatory framework aimed at ensuring the safety, efficiency, and orderly development of civil aviation. The Act empowers the Governor-General to create regulations that contribute to the safety of air navigation. One significant aspect of the Act is the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA), which are mandated to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Regulations 1998 further detail the procedures and requirements for these directives, emphasising the importance of safety and the need for compliance with international obligations. The overarching policy objective of the Act is to maintain and enhance the safety standards within Australia’s civil aviation sector, thereby protecting the public and fostering confidence in air travel.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, provide the framework within which airworthiness directives (ADs) can be issued under the Civil Aviation Act 1988. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products, ensuring that the continuing airworthiness of these aircraft is maintained in accordance with international standards. This regulation ensures that CASA, as Australia's national airworthiness authority, has the authority to issue directives that mandate the requirements for the continued safe operation of aircraft registered in Australia. These directives are considered legislative instruments and are subject to disallowance as per section 46A of the Acts Interpretation Act 1901. The application of these ADs is dictated by the obligations under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. In practice, when a State of Design, such as the European Union Aviation Safety Agency (EASA), issues an AD for a type of aircraft registered in Australia, CASA must assess the information and, if necessary, issue a corresponding Australian AD. This ensures compliance with international safety standards and maintains the safety of air navigation within Australia.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. An AD is a legislative instrument and a disallowable instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively.
Obligations and requirements imposed by the Act include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to appropriate States of Registry. The State of Registry, which in Australia is CASA, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. When an AD is issued by a State of Design, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Failure to comply with an AD can result in serious legal and safety consequences. Under section 46 of the Civil Aviation Act 1988, a person must not operate an aircraft unless it is airworthy, and under regulation 23.210 of the Civil Aviation Safety Regulations 1998, a person must not operate an aircraft unless it conforms to its type design. Additionally, under regulation 23.225, a person must not fly an aircraft if it has any defect or deficiency that makes it unsafe to fly. Breaches of these requirements can lead to civil and criminal penalties, including fines and imprisonment, as specified in the relevant legislation. Furthermore, non-compliance with ADs may result in CASA taking enforcement actions, including grounding of the aircraft until compliance is achieved.