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 2009-0019 affecting Eurocopter AS350 helicopters. France is the State of Design for these helicopters. As a result CASA has amended the equivalent Australian AD to AD/ECUERUIL/133 Amendment 1. The amended AD will become effective on 7 May 2009. 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 by the Commonwealth Parliament, was introduced to regulate civil aviation in Australia with a primary focus on ensuring the safety of air navigation. It empowers the Governor-General to make regulations for the Act’s purposes, which includes the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. The ADs are legislative instruments that mandate safety measures for aircraft and aeronautical products, ensuring compliance with international standards set forth in the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) issues these ADs to maintain the continuing airworthiness of aircraft registered in Australia, thereby fulfilling Australia’s obligations under the Convention. The ADs are issued without public consultation as they are responses to directives from the State of Design or based on international safety standards, and they do not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for the regulation of airworthiness directives (ADs) in Australia. Under this legislation, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products to ensure the safety of air navigation. This regulatory power is exercised under regulation 39.001 of the Civil Aviation Safety Regulations 1998 and is recognised as a legislative instrument under the Legislative Instruments Act 2003. The ADs are mandated by Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design with the responsibility for continuing airworthiness of an aircraft type, while the State of Registry must ensure the continuing airworthiness of individual aircraft. In this context, when a State of Design, such as France for Eurocopter AS350 helicopters, issues an AD, CASA must review and, if necessary, issue a corresponding Australian AD to enforce the requirements domestically. This process ensures that Australian-registered aircraft meet international safety standards, as demonstrated in the case of AD 2009-0019, which led to the amendment of the Australian AD to AD/ECUERUIL/133 Amendment 1, effective from 7 May 2009.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 involve the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows CASA to issue ADs for types of aircraft or aeronautical products. Under subregulation 39.001(5), an AD is classified as a disallowable instrument, making it a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA to monitor the airworthiness of aircraft registered in Australia. Specifically, when the State of Design issues an AD for a type of aircraft, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. The State of Registry, in this case CASA, has the responsibility for the continuing airworthiness of each aircraft registered in Australia and must ensure compliance with the issued ADs. This process is mandated by Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry.
Failure to comply with ADs can result in significant consequences. While the specific offences and penalties are not detailed in the provided text, it is known that non-compliance with ADs can lead to civil and criminal penalties. The maximum penalties for violations can vary depending on the severity of the breach and the specific regulations involved. These penalties serve as a deterrent to ensure that aircraft remain airworthy and safe for operation.
Given the international nature of airworthiness directives, the process for issuing ADs in Australia is streamlined to maintain consistency with international standards. The AD in question, AD 2009-0019, issued by the European Aviation Safety Agency (EASA) for Eurocopter AS350 helicopters, necessitated CASA's amendment of the equivalent Australian AD to AD/ECUERUIL/133 Amendment 1. This amendment was made in accordance with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, ensuring that Australian aircraft meet international safety standards. The Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement, and no public consultation was necessary as the AD was issued in response to international obligations.