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 2007-12-23 affecting MD Helicopters model 369 and 500 helicopters. The USA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/HU 369/118, which will become effective on 30 August 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia, ensuring safety and efficiency in the sector. This Act empowers the Governor-General to make regulations for the purposes of the Act, specifically under section 98, to promote the safety of air navigation. One such regulation is found in the Civil Aviation Safety Regulations 1998, where the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products under regulation 39.001. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The policy objective of these ADs is to ensure the continuing airworthiness of aircraft in accordance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for providing necessary information to maintain airworthiness, and the State of Registry must implement these requirements.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives in Australia, with the Civil Aviation Safety Authority (CASA) being the national airworthiness authority responsible for ensuring compliance with these regulations. Under the Act, the Governor-General has the power to make regulations for the safety of air navigation, and regulation 39.001 specifically empowers CASA to issue airworthiness directives for types of aircraft or aeronautical products. These directives are legislative instruments and must comply with the requirements set out in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design, in this case the United States for MD Helicopters model 369 and 500, holds the overall responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to ensure airworthiness to States of Registry, including Australia. Consequently, CASA must assess and, if necessary, issue Australian airworthiness directives to mandate the requirements of the State of Design, aligning with Australia’s obligations under the Convention on International Civil Aviation. Given the international nature of these directives, no public consultation or Regulatory Impact Statement is required, and the directives are issued in accordance with the Civil Aviation Act.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products (s 39.001(5)). These ADs, which are legislative instruments, are essential for maintaining the continuing airworthiness of aircraft as per international standards under Annex 8 to the Convention on International Civil Aviation. When an AD is issued by a State of Design, such as the US FAA, CASA must evaluate the directive and, if necessary, issue an Australian AD to enforce the requirements within the Australian context (Annex 8).
The obligations imposed by these regulations are significant. The State of Design, such as the US, has the responsibility to provide necessary information to ensure the airworthiness of aircraft types, which CASA must then assess and, if appropriate, translate into enforceable ADs for aircraft registered in Australia (Annex 8). CASA must ensure that these ADs align with Australia's obligations under international aviation conventions and that they mandate the necessary measures for maintaining the airworthiness of affected aircraft.
Breach of these airworthiness directives can lead to serious consequences. Although the text does not explicitly detail the penalties, it is reasonable to infer that non-compliance with ADs can result in civil or criminal penalties, depending on the severity and intent of the breach. The specific penalties would be outlined in other sections of the Civil Aviation Act 1988 and related regulations, but the overarching implication is that failure to adhere to ADs can compromise flight safety and result in enforcement actions by CASA.