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 European Aviation Safety Authority (EASA) has issued AD 2008-0044 affecting Eurocopter AS350 model helicopters. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ECUREUIL/67, Amendment 2, which will become effective on 10 April 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia. The Act provides a legislative framework for the regulation of civil aviation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998, made under the authority of the Act, allow CASA to issue ADs for specific types of aircraft or aeronautical products to ensure their continuing airworthiness. This legislative instrument, F2008L00727, is an AD issued by CASA in response to the State of Design's obligation under the Convention on International Civil Aviation to ensure the continuing airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, has assessed the relevant AD from the European Aviation Safety Authority and issued its own AD, AD/ECUREUIL/67, Amendment 2, to mandate the requirements of the State of Design. The AD will become effective on 10 April 2008, replacing the previous issue.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products, aiming to ensure the safety of air navigation. These ADs are legislative instruments as outlined under the Legislative Instruments Act 2003, and they are critical in maintaining the continuing airworthiness of aircraft registered in Australia. The State of Registry, in this case CASA, is tasked with assessing ADs issued by the State of Design and, when necessary, issuing corresponding Australian ADs to enforce these safety requirements. For instance, CASA has assessed and issued Australian AD/ECUREUIL/67, Amendment 2, in response to an AD from the European Aviation Safety Authority (EASA) for Eurocopter AS350 model helicopters, fulfilling Australia's obligations under the Convention on International Civil Aviation. Given the international nature of these directives and their regulatory basis, there is no requirement for public consultation or a Regulatory Impact Statement for this particular AD, which was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are instrumental in ensuring the continuing airworthiness of aircraft and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. This regulation aligns with international standards set forth in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overarching responsibility for the airworthiness of an aircraft type, while the State of Registry maintains responsibility for the airworthiness of individual aircraft. In the case of the Eurocopter AS350 model helicopters, CASA has issued Australian AD/ECUREUIL/67, Amendment 2, following an AD issued by the European Aviation Safety Authority (EASA), which acts on behalf of France, the State of Design.
Under the Civil Aviation Safety Regulations 1998, CASA is obligated to assess any airworthiness directives issued by the State of Design that affect aircraft registered in Australia. If deemed appropriate, CASA must issue corresponding Australian ADs to enforce the requirements specified by the State of Design. This ensures that Australian-registered aircraft meet international airworthiness standards. Furthermore, as the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, is responsible for issuing these directives in accordance with subsection 84A(2) of the Civil Aviation Act 1988, they must ensure that all actions comply with the legislative requirements.
Failure to comply with airworthiness directives can lead to severe consequences. Under section 91 of the Civil Aviation Act 1988, any person who contravenes an airworthiness directive commits an offence. The penalties for such offences can be substantial. For instance, for a corporation, the maximum penalty can be up to 500 penalty units, while for an individual, the maximum penalty is 50 penalty units. Additionally, civil penalties may apply, including fines or the suspension of airworthiness certificates, which can significantly impact an airline's operations. Ensuring compliance with these directives is, therefore, critical for maintaining safety standards in Australian civil aviation.