CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 63-17-06 affecting Sikorsky S62 helicopters aircraft, in 1963. The US is the State of Design for this type of helicopter. As a result of an introduction of the helicopter into service, CASA has amended the equivalent Australian AD to AD/S-62/10 Amendment 1. The amended AD, AD/S-62/10 Amendment 1, will become effective on 14 April 2005. 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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive regulatory framework for civil aviation in Australia, with the overarching aim of ensuring the safety and efficiency of air navigation. In pursuit of this goal, the Act empowers the Governor-General to make regulations that serve the interests of safety, including the issuance of airworthiness directives (ADs) to maintain aircraft and aeronautical products' continuing airworthiness. The Act specifically delegates to the Civil Aviation Safety Authority (CASA) the authority to issue such directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. As a legislative instrument, these ADs must comply with the requirements of the Legislative Instruments Act 2003. The policy objective is to harmonise Australia's aviation safety standards with international obligations, particularly under the Convention on International Civil Aviation, thereby ensuring that all aircraft registered in Australia meet the necessary safety requirements.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, applies to all aviation activities within Australia, including the regulation of airworthiness directives (ADs) for aircraft and aeronautical products. The Act empowers the Governor-General to issue regulations aimed at ensuring the safety of air navigation, while regulation 39.001 specifically grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The ADs must align with international standards set forth by the International Civil Aviation Organization (ICAO) and reflect the continuing airworthiness responsibilities of both the State of Design and the State of Registry. In this context, CASA, as Australia's national airworthiness authority, must ensure that ADs issued by other countries are appropriately assessed and, if necessary, translated into equivalent Australian ADs. The application of these regulations is universal within Australia and is intended to harmonise national aviation safety standards with international obligations.
Key Provisions
The Civil Aviation Act 1988 and the associated Civil Aviation Regulations 1998 outline the framework for issuing airworthiness directives (ADs) as stipulated in section 98 of the Act (section 98) and regulation 39.001 of the Regulations (regulation 39.001). ADs are legislative instruments issued to ensure the safety of air navigation, and they are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, as well as legislative instruments under section 6 of the Legislative Instruments Act 2003 (section 39.001(5)). The State of Design, in accordance with Annex 8 to the Convention on International Civil Aviation, holds the responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to the appropriate States of Registry to maintain this airworthiness. The State of Registry, in turn, is obligated to develop or adopt requirements to ensure the continuing airworthiness of individual aircraft.
In practical terms, when a State of Design issues an AD against a type of aircraft on the Australian Register, the Civil Aviation Safety Authority (CASA) must assess this information. If appropriate, CASA must issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian aircraft comply with international safety standards. As an example, the US Federal Aviation Administration (FAA) issued AD 63-17-06 affecting Sikorsky S62 helicopters in 1963. Given that the US is the State of Design for this type of helicopter, CASA amended the equivalent Australian AD to AD/S-62/10 Amendment 1, which became effective on 14 April 2005. This amendment cancels and replaces the previous AD.
The obligations imposed by these regulations require CASA to act swiftly and effectively to maintain airworthiness standards in alignment with international conventions. CASA must assess and, if necessary, mandate ADs issued by the State of Design to ensure that Australian aircraft meet safety standards. The issuing of ADs is a critical mechanism for enforcing continuing airworthiness, and CASA’s role is pivotal in this process. It is important to note that since ADs are issued under Australia's obligations under the Convention on International Civil Aviation and in response to directives from the relevant State of Design, there is no requirement for public consultation on these ADs. Furthermore, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, streamlining the process for issuing necessary safety directives.
In terms of consequences for non-compliance, the Civil Aviation Regulations 1998 impose penalties for breaches of ADs. The specifics of these penalties are not detailed in the provided text, but generally, non-compliance with ADs can result in significant civil or criminal penalties. Such penalties could include fines, suspension or revocation of aircraft certificates, and in severe cases, criminal charges for operators or manufacturers failing to adhere to mandated safety directives. These measures underscore the importance of adhering to ADs to ensure the safety and airworthiness of aircraft operating within Australia.