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 2009-0123-E 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 117/25, which will become effective on 13 June 2009.
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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, with a focus on ensuring the safety of air navigation. Pursuant to this Act, the Civil Aviation Safety Regulations 1998 were also enacted, enabling the issuance of airworthiness directives (ADs) under regulation 39.001. These directives are legislative instruments that aim to maintain the continuing airworthiness of aircraft and aeronautical products, as per the requirements of Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), acting as Australia's national airworthiness authority, is tasked with assessing and issuing ADs when necessary, particularly in response to directives issued by the State of Design or Registry of an aircraft. The issuance of AD 2009-0123-E by the European Aviation Safety Agency (EASA) for Eurocopter Deutschland GmbH MBB-BK-117 C-2 helicopters, and CASA's subsequent issue of Australian AD/GBK 117/25, exemplifies this process. Given the international nature of such directives and their alignment with global aviation safety standards, no public consultation was deemed necessary, and a Regulatory Impact Statement was not required. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with the relevant provisions of the Act.
Scope and Application
The Civil Aviation Act 1988, as augmented by the Civil Aviation Safety Regulations 1998, provides the framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Under the authority granted by section 98 of the Act, the Governor-General can enact regulations that are essential for air navigation safety. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These ADs are a response to Australia’s obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. CASA, as Australia’s national airworthiness authority, evaluates the information provided by the State of Design and, if deemed necessary, issues Australian ADs to enforce the required safety measures. This process ensures that Australian aircraft comply with international safety standards, thereby enhancing the overall safety of air navigation within Australia and its territories.
Key Provisions
The primary sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 pertinent to the issue of airworthiness directives (ADs) include sections 98 and 39.001 respectively. Section 98 of the Act allows the Governor-General to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) states that an AD is a disallowable instrument, making it a legislative instrument under section 6 of the Legislative Instruments Act 2003.
Under the Act and the Regulations, CASA has significant obligations. When the State of Design, such as Germany in the case of Eurocopter Deutschland GmbH MBB-BK-117 C-2 helicopters, issues an AD, CASA must assess this directive. If deemed appropriate, CASA must then issue a corresponding Australian AD to enforce the requirements of the State of Design. This process ensures that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with international standards, as outlined in Annex 8 to the Convention on International Civil Aviation.
There are specific requirements and processes outlined in the legislation for issuing ADs. Since ADs are issued pursuant to Australia's obligations under the Convention on International Civil Aviation and in response to directives from the State of Design, they do not require public consultation. The Office of Regulatory Review has also determined that ADs do not necessitate a Regulatory Impact Statement. The ADs are made by authorised personnel within CASA, specifically the Manager, Systems and New Technologies in the Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Act.
Breaching the requirements set forth by an AD can have significant legal consequences. While the specific penalties for non-compliance with ADs are not detailed in the provided text, it is generally understood that non-compliance with airworthiness directives can lead to both civil and criminal penalties. Civil penalties might include fines and enforcement actions taken by CASA. Criminal penalties could include imprisonment, particularly if the non-compliance results in safety incidents or accidents. The exact penalties would depend on the severity of the breach and the specific regulations governing airworthiness at the time.