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 German LBA has issued AD D-2008-179 affecting Eurocopter Deutschland BK117 model helicopters. Germany is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/GBK 117/19, which will become effective on 30 May 2008.
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 provide a comprehensive legal framework governing civil aviation in Australia, focusing on the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations that serve the interests of aviation safety, as per section 98. One significant regulation under this Act is the Civil Aviation Safety Regulations 1998, which, among other provisions, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of aircraft and aeronautical products. The ADs are legislative instruments subject to disallowance, reflecting their importance and the rigorous process involved in their creation. The objective of these regulations is to align with international standards, particularly those set by the International Civil Aviation Organization (ICAO), ensuring that Australia meets its obligations under the Convention on International Civil Aviation, particularly regarding the continuing airworthiness of aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific kinds of aircraft or aeronautical products. These ADs serve as a means to ensure the continuing airworthiness of aircraft and are mandated by the State of Registry, in this case, CASA for aircraft registered in Australia. The authority to issue such directives stems from section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for air navigation safety. These regulations are applicable nationally and align with international standards set by the International Civil Aviation Organization (ICAO). ADs are typically issued in response to safety concerns identified by the State of Design, which in this case is Germany for the Eurocopter Deutschland BK117 model helicopters. CASA's role includes assessing these directives and, if necessary, issuing corresponding Australian ADs to enforce the required safety measures. This process is integral to Australia's commitment under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs) under section 98 of the Act (section 98) and regulation 39.001 of the Regulations (regulation 39.001). These sections empower the Governor-General to make regulations that serve the interests of air navigation safety, and they allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The ADs are recognised as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. This legal framework ensures that ADs can be issued to maintain the continuing airworthiness of aircraft and aeronautical products in alignment with international standards.
The obligations imposed by the Act and the Regulations on the parties or entities they govern include ensuring the continuing airworthiness of aircraft. The State of Design, such as Germany in this case, holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry to support this effort (Annex 8). The State of Registry, in this instance CASA, must then assess this information and, if appropriate, issue a corresponding AD to enforce the requirements set by the State of Design. This process ensures that Australian-registered aircraft meet international safety standards and comply with the directives issued by the aircraft’s country of design.
Failure to comply with the requirements set out in an AD can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can lead to civil or criminal penalties. The Act provides for fines and imprisonment for serious breaches, reflecting the importance of adhering to safety directives. The maximum penalties can vary depending on the severity of the breach, but they underscore the critical nature of maintaining aircraft airworthiness and safety. CASA enforces these regulations rigorously to ensure that all aircraft operating within Australia meet the necessary safety standards.