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.
EASA issued AD 2010-0231, affecting Models HR 200/100, HR 200/100S, HR 200/120, HR200/120B and HR 200/160 aircraft, in 2010. EASA is the State of Design for these types. As a result of a request from industry, CASA has amended the equivalent Australian AD, AD/ROBIN/40, to remove these models from the applicability. The amended AD, AD/ROBIN/40 Amendment 1, will become effective on 19 November 2010. 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, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for stringent safety and operational standards in air navigation. The Act empowers the Governor-General to make regulations that ensure the safety of air navigation, as outlined in section 98. Complementing the Act, the Civil Aviation Safety Regulations 1998 were established to further detail the safety requirements and regulatory measures, including the issuance of airworthiness directives (ADs) under regulation 39.001. These ADs, as legislative instruments, are crucial in maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) issues these directives to enforce necessary safety measures in response to directives from the State of Design or as a result of Australia's international obligations, thus ensuring the safe operation of aircraft within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives apply to specific types of aircraft or aeronautical products registered in Australia, reflecting Australia's commitment to international safety standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in this context is CASA, is responsible for ensuring the continuing airworthiness of aircraft registered in Australia. When an AD is issued by the State of Design, such as the European Aviation Safety Agency (EASA) for certain aircraft models, CASA must review and, if necessary, issue an Australian AD to enforce the same safety requirements. This process underscores the collaborative nature of international aviation safety, where ADs serve as a critical mechanism for disseminating safety information across different jurisdictions. Notably, the AD in question pertains specifically to certain models of HR 200 aircraft, and it has been amended to exclude these models from the scope of the Australian AD, demonstrating CASA’s responsiveness to industry feedback while maintaining stringent safety standards.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are a legislative instrument and are designed to ensure the continuing airworthiness of aircraft, in accordance with Annex 8 to the Convention on International Civil Aviation. This means that when the State of Design, such as the European Aviation Safety Agency (EASA), issues an AD, CASA must review this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
The obligations imposed by this legislation are primarily on CASA, which is responsible for assessing ADs issued by other States of Design and, if necessary, issuing equivalent ADs for aircraft on the Australian Register. The State of Registry, in this case, CASA, must ensure that the requirements for continuing airworthiness are met, and this includes acting on ADs from the State of Design. Additionally, under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, which involves compliance with ADs issued by CASA.
Breach of the requirements set out in an AD can result in significant consequences. Under section 94 of the Civil Aviation Act 1988, non-compliance with an AD may lead to civil penalties. The maximum penalty for failing to comply with an AD is significant, reflecting the importance of maintaining airworthiness standards to ensure the safety of air navigation. While specific penalties are not detailed in the text, it is clear that non-compliance is taken seriously, and enforcement actions can be taken against those who do not adhere to the mandated requirements.
In summary, the Civil Aviation Safety Regulations 1998 provide CASA with the authority to issue ADs that ensure the continuing airworthiness of aircraft on the Australian Register. These directives are crucial for maintaining safety standards and are issued in response to ADs from the State of Design. CASA’s role is to review and, if necessary, enforce these directives. Failure to comply with an AD can lead to civil penalties, highlighting the importance of adhering to these regulations.