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 2008-0061 affecting Eurocopter Deutschland GmbH
MBB-BK 117 C-2 helicopters. Germany is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/GBK 117/21, which will become effective on 28 August 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 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 Airworthiness Engineering Branch, 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 introduced to regulate civil aviation within Australia, ensuring the safety and efficiency of air navigation. The Act provides the authority for the issuance of regulations, including airworthiness directives, which are essential for maintaining the continuing airworthiness of aircraft. These directives are crucial in harmonising Australia's regulatory framework with international standards, particularly those set by the International Civil Aviation Organization (ICAO). The policy objective of the Act is to safeguard the public by ensuring that civil aviation operations are conducted in a manner that protects the safety and security of all individuals involved. The Civil Aviation Safety Regulations 1998 further detail the procedures for issuing airworthiness directives, which are legislative instruments subject to disallowance and review, as per the Legislative Instruments Act 2003. These directives are issued in response to international safety directives and are aimed at maintaining the safety standards required by ICAO.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring adherence to safety standards. These ADs, which are considered legislative instruments, are issued to maintain the continuing airworthiness of aircraft, with the State of Registry holding responsibility for individual aircraft. In the case of international obligations, such as those under the Convention on International Civil Aviation, Australia, through CASA, must issue corresponding ADs in response to those issued by the State of Design. This process is exemplified by CASA's issuance of Australian AD/GBK 117/21 in response to the European Union Aviation Safety Agency's AD 2008-0061 for Eurocopter Deutschland GmbH MBB-BK 117 C-2 helicopters, where Germany is the State of Design. Given that these ADs are mandated by international agreements and are technical in nature, they do not require public consultation or a Regulatory Impact Statement. The ADs are formulated and issued by CASA in accordance with the Act, specifically under the authority granted by section 84A(2).
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument, making it a legislative instrument under the Legislative Instruments Act 2003.
Under these provisions, CASA, as Australia’s national airworthiness authority, must take certain actions when a State of Design issues an AD. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, issues an AD to provide necessary information to States of Registry. When such an AD affects aircraft registered in Australia, CASA must assess the information and, if appropriate, issue an Australian AD. This ensures that Australian-registered aircraft meet the necessary safety standards as dictated by the State of Design.
CASA has issued Australian AD/GBK 117/21 in response to AD 2008-0061 issued by the European Aviation Safety Agency (EASA) for Eurocopter Deutschland GmbH MBB-BK 117 C-2 helicopters. Germany, as the State of Design, issued this AD, and CASA has determined it necessary to mandate these requirements for Australian-registered helicopters. This process ensures that Australian aircraft maintain their airworthiness in line with international standards as mandated by the Convention on International Civil Aviation.
The issuance of ADs such as Australian AD/GBK 117/21 does not require consultation of the Australian public or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The AD is issued by the Manager, New Technologies and Systems, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This streamlined process is crucial for ensuring timely compliance with international safety standards.
Breaches of ADs can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, leading to potential criminal penalties. CASA has the authority to impose fines and may take enforcement actions against operators who do not comply with ADs. Furthermore, failure to adhere to ADs can result in the grounding of aircraft, which can have significant operational and financial impacts on airlines and other aviation stakeholders. Such breaches not only pose safety risks but can also lead to reputational damage and loss of operational licenses.