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 French DGAC has issued AD F-2002-027-088 R1 affecting Eurocopter AS 350 model helicopters. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ECUREUIL/72, Amendment 1, which will become effective on 24 November 2005. 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, 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, serves to ensure the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to establish regulations necessary for the safety of air navigation, as exemplified by the Civil Aviation Safety Regulations 1998. One of the key provisions within these regulations is the ability of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. The purpose of ADs is to address and mitigate safety concerns identified with particular aircraft types, thereby ensuring the continuing airworthiness of those types in accordance with international standards. In the instance of the AD issued concerning Eurocopter AS 350 model helicopters, CASA has fulfilled its obligation under the Convention on International Civil Aviation by assessing and implementing the corresponding requirements from the French Directorate General for Civil Aviation, the State of Design for this helicopter model. This legislative framework ensures that Australia's aviation safety standards align with international obligations and maintain high safety standards for aircraft operating within its airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, aiming to ensure the safety of air navigation. These directives apply to the continuing airworthiness of aircraft registered in Australia, which is the responsibility of the State of Registry, in this case, CASA. The ADs serve as legislative instruments that mandate compliance with safety requirements for the specified aircraft types, such as the Eurocopter AS 350 model helicopters affected by the French AD F-2002-027-088 R1. This Australian AD/ECUREUIL/72, Amendment 1, issued by CASA, reflects Australia’s commitment to international aviation safety standards as outlined in the Convention on International Civil Aviation, particularly the responsibilities of the State of Design and Registry. The issuance of this directive is a direct response to international safety requirements and does not involve public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interests of safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments, as they are disallowable under section 46A of the Acts Interpretation Act 1901 and are subject to the provisions of the Legislative Instruments Act 2003.
The obligations under these regulations are primarily placed on CASA, which must assess information from the State of Design when an AD is issued and, if necessary, issue an Australian AD to ensure compliance with the requirements of the State of Design. This ensures that the continuing airworthiness of aircraft registered in Australia is maintained according to international standards. The State of Registry, in this case CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. This includes responding to ADs issued by the State of Design, such as the French DGAC, which issued AD F-2002-027-088 R1 for Eurocopter AS 350 model helicopters, prompting CASA to issue its own AD/ECUREUIL/72, Amendment 1.
Breaching the requirements set out in an AD can lead to serious consequences. While the specific penalties for non-compliance are not detailed in the given text, generally, failing to comply with an AD can result in significant civil or criminal penalties. These penalties can include fines or imprisonment, depending on the severity of the breach and the discretion of the court. The enforcement of ADs is critical to maintaining the safety standards required under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Given that ADs are issued in response to international obligations and are considered legislative instruments, they carry the weight of law and must be adhered to by all relevant parties.