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 US FAA has issued AD 2007-11-02 affecting Enstrom Helicopter Corporation helicopters. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ENST 28/40, which will become effective on 2 October 2007.
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, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to regulate civil aviation in Australia, addresses the need for safety and uniformity in aviation practices. The Act empowers the Governor-General to make regulations for the safety of air navigation, delegating authority to the Civil Aviation Safety Authority (CASA) for the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that ensure the continuing airworthiness of aircraft as per international standards set by the International Civil Aviation Organization (ICAO). The State of Design has the primary responsibility for an aircraft's airworthiness, while the State of Registry ensures compliance with airworthiness requirements on registered aircraft. CASA issues Australian ADs in response to international ADs to maintain safety standards and adhere to Australia’s obligations under the Convention on International Civil Aviation. This legislative framework ensures that aircraft operating in Australia meet the necessary safety standards and that regulatory actions are consistent with international practices.
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) concerning specific types of aircraft or aeronautical products, ensuring these directives align with safety objectives. These ADs are legislative instruments under the Acts Interpretation Act 1901 and are subject to disallowance. In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must supply necessary information to relevant States of Registry. In Australia, CASA, as the national airworthiness authority, is obligated to evaluate any ADs issued by a State of Design and, if deemed necessary, issue corresponding Australian ADs. For instance, following the issuance of the US Federal Aviation Administration's AD 2007-11-02 regarding Enstrom Helicopter Corporation helicopters, CASA issued the Australian AD/ENST 28/40, effective from 2 October 2007. Given that this AD was issued due to international obligations and in response to an AD from the relevant State of Design, no public consultation was required, and the Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to enact regulations in the interest of air navigation safety. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are crucial for maintaining the continuing airworthiness of aircraft, a responsibility that falls primarily on the State of Design as per Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure airworthiness, which is typically conveyed through ADs. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards. For example, following the issuance of an AD by the US Federal Aviation Administration (FAA) affecting Enstrom Helicopter Corporation helicopters, CASA issued Australian AD/ENST 28/40.
The obligations placed on the parties governed by the Act are significant. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide all necessary information to States of Registry. The State of Registry, in this case CASA, must then assess the information and, if appropriate, issue an AD to mandate the necessary requirements. Failure to comply with these directives can lead to severe consequences, including the grounding of non-compliant aircraft, which could result in civil or criminal penalties under the Civil Aviation Act 1988.
In terms of offences and penalties, breaches of the airworthiness directives can lead to significant consequences. Non-compliance with an AD can result in the grounding of the affected aircraft, preventing it from flying until the required actions are taken. Such actions can lead to substantial financial penalties and, in severe cases, criminal charges. The Civil Aviation Act 1988 provides for various penalties, including fines and imprisonment, depending on the severity of the breach. The specifics of these penalties are detailed in the Act and can vary based on the nature and extent of the non-compliance.