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 European Aviation Safety Authority (EASA) has issued AD 2007-0256 affecting several Eurocopter helicopter models. EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/RES/35, which will become effective on 22 November 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 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 was enacted to establish and regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation within the country. It empowers the Governor-General to create regulations necessary for the safety of air navigation, with the overarching objective of maintaining a robust and safe civil aviation system. This Act provides the legislative framework under which the Civil Aviation Safety Regulations 1998 were also established, allowing for the issuance of airworthiness directives (ADs) that mandate compliance with safety standards. These directives are crucial in ensuring the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set forth by the Convention on International Civil Aviation. The Civil Aviation (Safety) Regulations 1998 specifically enable the Civil Aviation Safety Authority (CASA) to issue ADs in response to identified safety issues, thereby fulfilling Australia's international obligations and maintaining the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia, with the objective of ensuring the safety of air navigation. Under this Act and its regulations, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments subject to disallowance and are issued in accordance with international standards, particularly those outlined in Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design, such as France for Eurocopter helicopters, is responsible for the continuing airworthiness of aircraft types. CASA, as Australia’s national airworthiness authority, must assess and, if necessary, issue Australian ADs to enforce these requirements, ensuring compliance by the State of Registry, which is responsible for the individual aircraft’s ongoing airworthiness. This process is undertaken in response to ADs issued by the relevant State of Design, without public consultation, as determined by the Office of Best Practice Regulation. The ADs are made by authorised CASA officials under the authority granted by the Act.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework within which the Civil Aviation Safety Regulations 1998 operate. Under section 98 of the Act, the Governor-General is empowered to create regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These ADs are considered 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 imposed by the Act and the Regulations are extensive. The State of Design, which is the country responsible for the design of an aircraft type, is tasked with ensuring the continuing airworthiness of the aircraft type and must provide necessary information to the State of Registry. The State of Registry, which in this context is Australia, is responsible for the continuing airworthiness of individual aircraft registered within its jurisdiction. CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. This ensures that Australian-registered aircraft meet international safety standards.
Failure to comply with the requirements set out in an AD can result in significant consequences. Section 84A(2) of the Civil Aviation Act 1988 empowers CASA to issue penalties for non-compliance. The penalties for breaching these regulations can include both civil and criminal sanctions, although the specific penalties are not detailed in the provided text. It is crucial for aircraft operators and other regulated entities to adhere to the ADs to avoid potential legal repercussions. Non-compliance could result in severe penalties, including fines and, in some cases, imprisonment, depending on the nature and severity of the violation.