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 issued AD 2007-26-12, affecting Robinson R22 model helicopters, in 2007. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to allow the use of an FAA approved alternate means of compliance. The amended AD, AD/R22/54 Amendment 2, will become effective on 31 July 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 Best Practice Regulation 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, enacted by the Commonwealth Parliament, addresses the overarching governance of civil aviation safety in Australia. This legislation provides the legal framework within which the Civil Aviation Safety Regulations 1998 were subsequently made to further detail and enforce specific safety standards. One critical aspect addressed by this framework is the issuance of airworthiness directives (ADs), which are legislative instruments made under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are designed to ensure the continuing airworthiness of aircraft, aligning with Australia's obligations under international conventions such as the Convention on International Civil Aviation. The policy objective of these regulations is to maintain the highest standards of safety in air navigation, thereby protecting public safety and ensuring compliance with international standards. The Civil Aviation Safety Authority (CASA) issues these directives, reflecting its role as the national airworthiness authority.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the issue of Airworthiness Directive AD/R22/54 Amendment 2, apply to all parties involved in the operation, maintenance, and certification of the Robinson R22 model helicopters within Australia. This includes aircraft owners, operators, maintenance providers, and any other entities or individuals who are responsible for ensuring the airworthiness of these helicopters. The AD specifically addresses safety concerns and mandates compliance with certain standards to mitigate identified risks. Geographically, the directive applies nationally across Australia, given that CASA is the designated national airworthiness authority under the Civil Aviation Act 1988. The AD does not apply to other types of aircraft not covered by the specific directive. This regulatory measure extends its application through subordinate instruments such as the Airworthiness Directives issued by CASA, which are designed to ensure the ongoing safety of aircraft in operation.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This authority is exercised to ensure the safety of air navigation, in line with section 98 of the Civil Aviation Act 1988. An AD, as detailed in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus qualifies as a legislative instrument according to section 6 of the Legislative Instruments Act 2003. The ADs are a standard method for communicating continuing airworthiness information, as mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for an aircraft type's continuing airworthiness.
The State of Registry, in this case CASA, is tasked with ensuring the continuing airworthiness of aircraft registered within Australia. This involves developing or adopting requirements to maintain airworthiness, which may include issuing ADs in response to directives from the State of Design. For example, following the issuance of AD 2007-26-12 by the US Federal Aviation Administration (FAA) concerning Robinson R22 model helicopters, CASA assessed the information and amended the Australian AD to allow for an FAA-approved alternate means of compliance. This amendment, AD/R22/54 Amendment 2, became effective on 31 July 2008 and supersedes the previous directive.
Compliance with ADs is mandatory for the entities they govern. Operators and owners of the affected aircraft must adhere to the specified requirements to ensure the aircraft remain airworthy. Failure to comply with an AD can result in serious safety implications and legal consequences. CASA, as the national airworthiness authority, enforces these directives and can take action against non-compliance, which may include grounding the aircraft or imposing fines and other penalties as stipulated in the Civil Aviation Act 1988 and associated regulations. The maximum penalties for breaches can vary, but they are designed to enforce compliance and uphold the highest safety standards in civil aviation.