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.
CASA has raised AD/ECURIEUIL/30 Amendment 1 to correct an unsafe situation on AS350 rotorcraft. The applicability of the AD has been revised to clarify affected part numbers at the request of the industry. The State of Design for this type, EASA, has not yet taken action to correct this unsafe condition. As there are many examples of the type on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft.
CASA has not consulted with the Australian industry and public, as the industry requested the change be made to the current 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, Airframes, 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 Commonwealth Parliament, is a foundational piece of legislation that governs civil aviation in Australia. It provides the legal framework for the regulation of air navigation and safety, among other aspects of civil aviation. One of the key problems it was introduced to address was the need for a comprehensive set of laws to ensure the safety and efficiency of civil aviation within Australian airspace. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. One such regulation, made under section 98 of the Act, is the Civil Aviation Safety Regulations 1998, which includes provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The policy objective underlying these regulations is to maintain the highest possible safety standards in civil aviation, ensuring that aircraft and aeronautical products meet stringent airworthiness criteria.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are issued under the authority granted by section 98 of the Civil Aviation Act 1988 and are aimed at ensuring the safety of air navigation. An AD, as outlined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, is a disallowable instrument and hence a legislative instrument as defined by section 6 of the Legislative Instruments Act 2003. The ADs are instrumental in maintaining the continuing airworthiness of aircraft and are issued by the State of Design, which must provide necessary information to the State of Registry to ensure safety standards are met. In Australia, CASA, as the national airworthiness authority, is responsible for assessing and issuing Australian ADs based on information from the State of Design. This process ensures that all aircraft on the Australian register meet the necessary safety standards. The applicability of these directives is specifically tailored to address unsafe conditions identified by CASA, such as the recent amendment to AD/ECURIEUIL/30 concerning AS350 rotorcraft, which was revised at the industry's request.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 supports this by empowering the Governor-General to enact regulations aimed at enhancing the safety of air navigation. This means that CASA can issue directives to address any unsafe conditions identified in specific aircraft types or aeronautical products. These directives are a key tool for ensuring that aircraft maintain their airworthiness over time. Subregulation 39.001(5) clarifies that ADs are considered disallowable instruments, and thus, they fall under the category of legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA include the responsibility to assess any ADs issued by the State of Design and, if necessary, to issue corresponding ADs for Australian-registered aircraft. This is critical to ensure the continuing airworthiness of aircraft under Australian registry. The State of Design, such as the European Union Aviation Safety Agency (EASA), has the overarching responsibility to ensure the airworthiness of aircraft types and to provide necessary information to the States of Registry. CASA, acting as Australia’s national airworthiness authority, must ensure that Australian-registered aircraft meet the continuing airworthiness requirements as stipulated by the State of Design or by issuing its own ADs when required.
In the case of the AD/ECURIEUIL/30 Amendment 1, CASA has taken the initiative to issue a directive to address an unsafe condition on AS350 rotorcraft. This action was necessitated by the failure of the State of Design, EASA, to correct the identified unsafe condition. CASA's AD aims to mandate the necessary requirements to ensure the safety of these aircraft on the Australian register. It is noteworthy that CASA did not consult with the Australian industry and public for this amendment as the industry had specifically requested the change. The Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement, which streamlines the process of issuing necessary safety directives.
Under the Civil Aviation Safety Regulations 1998, failure to comply with an AD can result in serious consequences. Pilots and operators of aircraft must adhere to the requirements of any AD that applies to their aircraft. Non-compliance can lead to penalties, including fines and potential grounding of the aircraft. The severity of the penalties depends on the nature of the non-compliance and the risk posed to aviation safety. The maximum penalties for non-compliance with ADs can be significant, reflecting the importance of adhering to safety directives to maintain the highest standards of air safety.