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 U.S. FAA issued AD 2007-26-12 and an Alternate Method of Compliance (AMOC), affecting Robinson Helicopter Company R22 aircraft, in 2007. The US is the State of Design for the R22 type. As a result of a request from industry, CASA has amended the equivalent Australian AD to include the AMOC and clarify the inspection requirements. The amended AD, AD/R22/54 Amendment 1, will become effective on 29 February 2008. This AD cancels and replaces 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, 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 regulatory framework for ensuring the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to make regulations for air navigation safety, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The objective of these regulations is to ensure the continuing airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, assesses information from the State of Design and, when necessary, issues Australian ADs to enforce the requirements of the State of Design. This ensures compliance with Australia's obligations under the Convention on International Civil Aviation. The ADs are legislative instruments subject to disallowance and do not require public consultation or a Regulatory Impact Statement. The amended AD/R22/54 Amendment 1, issued in response to a U.S. Federal Aviation Administration AD, was made by the Manager, Airframes, on behalf of CASA in accordance with the Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products, thereby ensuring adherence to safety standards. These ADs are legislative instruments that apply to all relevant aircraft registered in Australia and are designed to maintain the continuing airworthiness of these aircraft. The ADs are issued in accordance with international obligations under the Convention on International Civil Aviation, particularly those concerning the State of Design and the State of Registry. This jurisdictional reach extends nationally within Australia, applying to all aircraft registered under the Australian Register, and internationally in alignment with ICAO standards. The ADs may include alternate methods of compliance, such as those issued by the U.S. Federal Aviation Administration, and are subject to review and amendment by CASA as necessary. It is important to note that while ADs are issued under specific regulatory frameworks, they do not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. 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 empowers CASA to issue ADs for kinds of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments under section 6 of the Legislative Instruments Act 2003.
Obligations under these provisions include ensuring that the State of Design, such as the U.S. in the case of the Robinson Helicopter Company R22 aircraft, provides necessary information to maintain the continuing airworthiness of aircraft types. The State of Registry, such as CASA in Australia, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA must assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. This ensures that aircraft registered in Australia comply with international safety standards.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail offences, penalties, or consequences for non-compliance with ADs. However, failure to comply with an AD could result in the grounding of affected aircraft, leading to operational disruptions and potential safety hazards. Additionally, while the ADs themselves do not specify criminal or civil penalties, the broader civil aviation regulatory framework may impose fines, imprisonment, or other penalties for non-compliance with aviation safety regulations. The absence of a Regulatory Impact Statement for ADs indicates that the focus is on ensuring the swift implementation of safety measures rather than on the economic or social impact on the public.