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 European Aviation Safety Authority (EASA) has issued an Emergency AD
2009-0158-E affecting Eurocopter BK117 C-2 helicopters. The EASA acts on behalf of Germany, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/GBK 117/25 Amdt 1, which will become effective on
21 July 2009. This AD cancels and supersedes 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, Future Technology and Regulatory Trends in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes a framework for ensuring the safety and efficiency of civil aviation in Australia. It empowers the Governor-General to make regulations for the purposes of the Act, particularly with regard to the safety of air navigation, as exemplified by the issuance of airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998 further detail the procedures and responsibilities for issuing ADs, which serve as critical tools for maintaining the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The problem or gap addressed by this legislation is the need to ensure that Australian civil aviation complies with both national and international safety standards, particularly through the consistent and coordinated application of ADs. The objective is to maintain the safety of air navigation by ensuring that aircraft meet necessary airworthiness standards, as dictated by the State of Design and enforced by the State of Registry, in this case, the Civil Aviation Safety Authority (CASA).
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 to ensure the safety of air navigation. These directives, which are legislative instruments, are integral to maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 of the Convention on International Civil Aviation. The State of Design holds the primary responsibility for an aircraft type’s airworthiness, and the State of Registry must implement requirements to ensure that individual aircraft remain airworthy. In the case of the Eurocopter BK117 C-2 helicopters, the European Aviation Safety Authority, acting on behalf of Germany as the State of Design, issued an Emergency AD, which CASA assessed and subsequently converted into an Australian AD. This regulatory process reflects Australia's international obligations and ensures that any necessary safety measures are uniformly implemented across the national fleet.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations aimed at ensuring 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 certain types of aircraft or aeronautical products. It is important to note that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they are classified as legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are integral to maintaining the continuing airworthiness of aircraft types, a responsibility primarily held by the State of Design as per Annex 8 to the Convention on International Civil Aviation. The State of Design must provide all necessary information to ensure the ongoing airworthiness of a particular type to the appropriate States of Registry. Correspondingly, the State of Registry of an individual aircraft bears the responsibility for its ongoing airworthiness and must establish or adopt requirements to ensure this. When a State of Design issues an AD against an aircraft type registered in Australia, CASA must evaluate the information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design.
In this particular instance, the European Aviation Safety Authority (EASA), acting on behalf of Germany, the State of Design for Eurocopter BK117 C-2 helicopters, has issued Emergency AD 2009-0158-E. CASA has reviewed this AD and issued Australian AD/GBK 117/25 Amdt 1, effective as of 21 July 2009. This new AD cancels and replaces its predecessor. Given that this AD is a result of Australia's obligations under the Convention on International Civil Aviation and is a response to an AD issued by the relevant State of Design, no public consultation has been conducted. Moreover, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The Manager, Future Technology and Regulatory Trends in the Standards Development and Future Technology Division, has made this AD on behalf of CASA, in accordance with subsection 84A(2) of the Act. This process ensures that the AD aligns with the legislative framework and serves its intended purpose of maintaining airworthiness standards.