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 FAA has issued AD 81-06-53 R1 affecting Sikorsky Model S-62 helicopters. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/S-62/11, which will become effective on 14 April 2005.
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 - Airframes, 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 provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. One significant regulation under this Act is the Civil Aviation Regulations 1998, which includes provisions for issuing airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft and aeronautical products. The objective of this regulation is to align with international standards and obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that States of Design provide necessary information to ensure the continuing airworthiness of aircraft types. In response to an AD issued by the United States Federal Aviation Administration (FAA) concerning Sikorsky Model S-62 helicopters, the Civil Aviation Safety Authority (CASA) has assessed the situation and issued an Australian AD, ensuring compliance with international standards and obligations.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Regulations 1998, provides the legislative framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Specifically, section 98 of the Act empowers the Governor-General to make regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003 and serve as a mechanism to ensure the continuing airworthiness of aircraft, as mandated by international standards under Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of an aircraft type and must provide necessary information to the States of Registry, which in turn must implement measures to ensure the continuing airworthiness of aircraft within their jurisdiction. CASA, as Australia’s national airworthiness authority, is obligated to issue Australian ADs in response to ADs issued by States of Design, such as the Federal Aviation Administration (FAA) for the Sikorsky Model S-62 helicopters. This process underscores the importance of international cooperation in maintaining aviation safety standards and ensures that Australian regulations align with global practices.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Regulations 1998, provides the legislative framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Specifically, section 98 of the Act empowers the Governor-General to create regulations for the safety of air navigation, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD is a legislative instrument that is disallowable under section 46A of the Acts Interpretation Act 1901, and it must be made in accordance with the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations on CASA include the responsibility to assess ADs issued by the State of Design and to issue corresponding Australian ADs as necessary. The State of Registry, in this case CASA, must ensure the continuing airworthiness of aircraft registered in Australia, which involves developing or adopting requirements to meet international standards set forth in Annex 8 to the Convention on International Civil Aviation. This means that when a State of Design, such as the USA for the Sikorsky Model S-62 helicopters, issues an AD, CASA must evaluate this directive and, if appropriate, issue an Australian AD to enforce the necessary safety measures.
Breaching the requirements set out in an AD can have serious consequences. Failure to comply with an AD can result in the aircraft being deemed unairworthy, which can lead to enforcement actions by CASA. The specific penalties for non-compliance are not detailed in the provided text, but it is clear that failure to adhere to the directives can lead to significant civil or criminal penalties. These penalties are intended to ensure that all parties maintain the highest standards of air safety and comply with regulatory requirements to protect public safety in air navigation.