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 early 2008. 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 alternate methods of compliance. The amended AD, AD/R22/54 Amendment 3, will become effective on 28 August 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 Parliament of Australia, addresses the regulation of civil aviation safety to ensure the protection of the public and the proper functioning of the aviation industry. This Act empowers the Governor-General to create regulations aimed at enhancing the safety of air navigation. A key provision of this Act is the delegation to the Civil Aviation Safety Authority (CASA) of the authority to issue airworthiness directives, which are mandated by regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives, being legislative instruments, serve as essential tools for maintaining the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The policy objective of these regulations is to ensure that aircraft registered in Australia meet the necessary safety standards, aligning with Australia’s obligations under international conventions and fostering a robust and safe aviation environment.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 specifically empowers CASA to issue ADs for kinds of aircraft or aeronautical products. These directives are considered legislative instruments, subject to disallowance and the requirements of the Legislative Instruments Act 2008. The ADs are integral to ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for providing necessary information to States of Registry. In Australia, CASA, as the national airworthiness authority, must assess and, if necessary, issue corresponding ADs to enforce the requirements of the State of Design. The specific AD discussed pertains to the Robinson R22 model helicopters and has been amended to allow alternate methods of compliance, reflecting Australia's international obligations and obligations under the Convention.
Key Provisions
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft and aeronautical products, as stated in regulation 39.001. These ADs are legal instruments under subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and they must be assessed and potentially issued by CASA to ensure compliance with international standards, particularly those set out in Annex 8 of the Convention on International Civil Aviation. In the case of the Robinson R22 model helicopters, an AD was issued by the US Federal Aviation Administration (FAA) in 2008, prompting CASA to amend its equivalent Australian AD to allow for alternate compliance methods, as detailed in AD/R22/54 Amendment 3, effective from 28 August 2008.
The obligations imposed by these regulations require CASA to meticulously monitor and respond to ADs issued by the State of Design, ensuring that Australian aircraft meet the necessary safety standards. For the State of Registry, such as Australia, this means developing or adopting requirements to maintain the airworthiness of aircraft registered within its territory. This process involves a thorough assessment of any ADs issued by the State of Design, and where applicable, CASA must issue corresponding Australian ADs to enforce these safety measures.
Non-compliance with the ADs can result in significant consequences. Under the Civil Aviation Act 1988, breaches of ADs are considered serious offences that can lead to both civil and criminal penalties. Civil penalties may include fines, and in more severe cases, criminal penalties may apply, potentially resulting in imprisonment. The exact penalties are determined by the severity of the breach and the impact on aviation safety. The regulations are designed to ensure that all parties adhere to stringent safety standards to protect the public and maintain the integrity of the aviation industry.