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 2007-0138-E affecting Eurocopter AS 350 and AS 355 aircraft. The EASA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ECUREUIL/71 Amendment 2, and AD/AS 355/60 Amendment 2 which will become effective on 5 July 2007. These ADs cancel 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, 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 Parliament of Australia, was established to govern the safety and efficiency of civil aviation within Australia. This Act provides the legislative framework for the regulation of air navigation safety, aircraft operations, and related matters. One of its primary objectives is to ensure the safety of air navigation, which is further elaborated upon through the Civil Aviation Safety Regulations 1998. These regulations, among other provisions, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) aimed at maintaining the airworthiness of aircraft and aeronautical products. The ADs are critical in ensuring compliance with international standards set by the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types. CASA, acting as Australia’s national airworthiness authority, issues these directives based on assessments of information provided by the relevant State of Design, ensuring that Australian aircraft meet international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) pertaining to specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments, which can be disallowed under section 46A of the Acts Interpretation Act 1901, and they must comply with the provisions of the Legislative Instruments Act 2003. The issuance of these directives is in accordance with Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type, and the State of Registry as responsible for the continuing airworthiness of individual aircraft. The ADs are intended to provide necessary information to ensure that aircraft maintain their airworthiness standards, and CASA, as Australia's national airworthiness authority, is obligated to assess and, if necessary, issue Australian ADs to implement the requirements stipulated by the State of Design. In the context of the ADs issued for Eurocopter AS 350 and AS 355 aircraft, CASA has evaluated the European ADs and issued corresponding Australian ADs, which will replace and cancel previous directives, becoming effective on 5 July 2007.
Key Provisions
The key provisions of this legislation revolve around the issuance and implementation of airworthiness directives (ADs) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901, and are subject to the Legislative Instruments Act 2003.
The obligations imposed by these provisions include the responsibility of the State of Design, such as the European Aviation Safety Agency (EASA) in this case, to provide necessary information to ensure the continuing airworthiness of aircraft types. The State of Registry, such as Australia, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory. CASA, as Australia's national airworthiness authority, has the duty to assess ADs issued by States of Design and, if appropriate, issue corresponding Australian ADs. This ensures compliance with international standards as stipulated by Annex 8 to the Convention on International Civil Aviation.
Failure to comply with these ADs can lead to significant consequences. Offences under the Civil Aviation Act 1988 can result in both civil and criminal penalties. Civil penalties can include fines up to a maximum of $22,200 for individuals and $111,000 for corporations, depending on the severity of the breach. Criminal penalties can include imprisonment, with the maximum penalty varying based on the specific offence and jurisdiction. Additionally, non-compliance with ADs can lead to the grounding of aircraft, which poses a direct risk to public safety and can result in severe operational disruptions.
The regulations also ensure that the process of issuing ADs adheres to necessary administrative procedures. For instance, while the AD in question was issued under Australia's obligations to the Convention on International Civil Aviation and in response to an AD from the EASA, it was determined that no public consultation was required. Furthermore, the Office of Regulatory Review has concluded that such ADs do not necessitate a Regulatory Impact Statement, streamlining the regulatory process while maintaining rigorous safety standards.