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 Austhority issued AD 80-184-015(B) R1, affecting Eurocopter AS350 model helicopters, in 1980. France is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to include further details in the applicability section. The amended AD, AD/ECUREUIL/8 Amendment 2, will become effective on 12 April 2007. 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 was enacted to provide for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under this Act, the Governor-General is empowered to make regulations, such as the Civil Aviation Safety Regulations 1998, to safeguard the interests of air navigation safety. One such regulation, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a legislative instrument, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The issuance of these directives is crucial for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry. In response to an airworthiness directive issued by the French authority concerning Eurocopter AS350 model helicopters, CASA has amended the corresponding Australian AD, reflecting industry requests and enhancing the directive’s applicability.
Scope and Application
The Civil Aviation Act 1988 and associated Civil Aviation Safety Regulations 1998 provide the framework under which airworthiness directives (ADs) are issued in Australia. Section 98 of the Act empowers the Governor-General to make regulations concerning the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. This legislative authority ensures that CASA can mandate necessary requirements to maintain airworthiness, aligning with international obligations under the Convention on International Civil Aviation. ADs are legislative instruments subject to disallowance and scrutiny as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these ADs extends to all aircraft registered in Australia, thereby affecting operators, manufacturers, and maintenance providers within the aviation industry. The ADs are designed to ensure compliance with international standards, particularly those set by the State of Design, which in the case of Eurocopter AS350 model helicopters, is France. The ADs are issued without public consultation due to their alignment with international civil aviation conventions, and they do not require a Regulatory Impact Statement. CASA issues these directives under the authority of the Manager, Airframes, ensuring that the aviation industry adheres to the necessary safety and airworthiness standards.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework for the regulation of civil aviation in Australia, with section 98 allowing the Governor-General to make regulations for the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, meaning they are subject to parliamentary disallowance. Additionally, under section 6 of the Legislative Instruments Act 2003, ADs are classified as legislative instruments.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties involved are quite specific. The State of Design, which is responsible for the design of the aircraft, must provide necessary information to ensure the continuing airworthiness of the aircraft type to the appropriate States of Registry. In this context, the State of Registry is responsible for the ongoing airworthiness of individual aircraft. When a State of Design issues an AD, the State of Registry, in this case CASA, must assess the information and, if necessary, issue a corresponding AD to enforce the requirements of the State of Design. This ensures that the ADs issued by the State of Design are appropriately communicated and enforced within the Australian regulatory framework.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 also establish consequences for non-compliance with the regulations. Failure to comply with ADs can result in significant civil and criminal penalties. Specifically, under the Civil Aviation Act 1988, non-compliance with an AD can lead to fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties for such offences can include substantial fines and imprisonment terms, reflecting the importance of adhering to ADs in maintaining aviation safety. These penalties underscore the seriousness with which the legislation treats non-compliance and the imperative for all parties to adhere to the regulations.