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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/ECUREUIL/20 affecting Eurocopter AS350 helicopters. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 30 July 2009. No replacement AD is required.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation 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, establishes the legal framework for ensuring the safety and efficiency of civil aviation in Australia. It provides authority to the Governor-General to make regulations that align with the Act's objectives, particularly concerning the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, under which the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These directives are integral to maintaining the continuing airworthiness of aircraft and are mandated by Annex 8 to the Convention on International Civil Aviation. CASA has the responsibility to issue these directives and has the authority to cancel them if they no longer serve the purpose of ensuring aviation safety or due to international obligations. The cancellation of AD/ECUREUIL/20, affecting Eurocopter AS350 helicopters, exemplifies how CASA exercises its regulatory powers under the Act to uphold international standards and obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the legislative framework for the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) having the authority to issue such directives under regulation 39.001. These directives are legislative instruments that serve to maintain the airworthiness of aircraft and aeronautical products. The Act applies to all aircraft and aeronautical products within Australia, and the regulations extend to any entities involved in the operation, maintenance, or design of these aircraft. Geographic reach is primarily national, with the ADs applying to all aircraft registered in Australia, aligning with Australia's obligations under the Convention on International Civil Aviation. The ADs are integral to ensuring that aircraft continue to meet safety standards set by the State of Registry and the State of Design. Subordinate instruments may further detail specific requirements or exceptions, but the primary legislation and regulations set the overarching standards and procedures for issuing and enforcing ADs.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to create regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments according to section 6 of the Legislative Instruments Act 2003. This regulatory framework is designed to ensure the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for the overall airworthiness of an aircraft type, while the State of Registry must implement requirements to ensure the ongoing airworthiness of individual aircraft.
Under these provisions, CASA has the authority to issue ADs to address safety concerns for specific aircraft types. In this instance, CASA had previously issued AD/ECUREUIL/20 concerning Eurocopter AS350 helicopters. Following a review, CASA decided to cancel this AD, effective 30 July 2009, and has determined that no replacement AD is necessary. The cancellation of this AD was conducted in accordance with Australia's international obligations under the Convention on International Civil Aviation. As a result, there was no requirement for public consultation on this AD cancellation, and the Office of Best Practice Regulation has concluded that such ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in compliance with subsection 84A(2) of the Act.
Failure to comply with an airworthiness directive can result in significant legal consequences. For instance, under regulation 21.197 of the Civil Aviation Safety Regulations 1998, the holder of a certificate of airworthiness is required to comply with ADs. Non-compliance can lead to the suspension or revocation of an aircraft's certificate of airworthiness, effectively grounding the aircraft until the required safety measures are implemented. Furthermore, under section 106 of the Civil Aviation Act 1988, any person who contravenes an airworthiness directive commits an offence. This can result in substantial fines, with the maximum penalty for individual offenders being $275,000 and for corporations, $1.375 million. In addition to fines, those found guilty of contravening an AD may also face imprisonment, depending on the severity of the breach and any previous convictions. These penalties underscore the importance of adhering to ADs to maintain the safety standards mandated by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.