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 2007-11-01 affecting Robinson R44 model helicopters. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/R44/21, which will become effective on 5 July 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, enacted by the Commonwealth Parliament, establishes the legislative framework for civil aviation safety in Australia. The Act empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. One such regulation, under section 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are critical tools in maintaining the safety and airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation, particularly Annex 8. The issuing of these directives is a response to the State of Design's responsibility to provide necessary information to ensure continuing airworthiness, which is then adopted and enforced by the State of Registry. The Civil Aviation Safety Regulations 1998 further classify ADs as disallowable instruments under the Acts Interpretation Act 1901, necessitating their assessment by CASA to ensure compliance with Australian standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The regulations are designed to ensure the continuing airworthiness of aircraft, in line with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, is tasked with ensuring that aircraft registered in Australia meet continuing airworthiness standards. When the State of Design, such as the United States for the Robinson R44 model helicopters, issues an AD, CASA must assess the information and, if necessary, issue a corresponding Australian AD to enforce the required measures. This process underscores Australia's commitment to international aviation safety standards and its role in maintaining the airworthiness of aircraft registered within its jurisdiction.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as enforceable mandates to maintain the continuing airworthiness of aircraft. It is important to note that ADs are legislative instruments under subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, as well as section 6 of the Legislative Instruments Act 2003.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are comprehensive, particularly concerning the continuing airworthiness of aircraft. The State of Design, which is the country where the aircraft type is designed, has the primary responsibility for the continuing airworthiness of that type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This State must provide any necessary information to ensure the continuing airworthiness of the aircraft type to the relevant States of Registry. In Australia, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft on its register. When an AD is issued by the State of Design, CASA, as the national airworthiness authority, is required to assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
Failing to comply with the ADs issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant legal consequences. The Act provides for both civil and criminal penalties for non-compliance with ADs. The specific penalties may vary depending on the nature and severity of the breach but can include fines and imprisonment. For instance, section 98 of the Act allows for the imposition of fines and imprisonment for serious breaches that compromise the safety of air navigation. CASA has the authority to take enforcement actions against individuals or entities that fail to comply with ADs, which can result in substantial financial penalties and other legal repercussions.
In the case of the Robinson R44 model helicopters, the US Federal Aviation Administration (FAA) issued AD 2007-11-01. As the State of Design for this type of helicopter, the USA has the responsibility to provide the necessary information to ensure continuing airworthiness. CASA has assessed this AD and issued Australian AD/R44/21, which will become effective on 5 July 2007. Given that this AD is issued due to Australia’s obligations under the Convention on International Civil Aviation and 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 was 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.