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 66-04-03 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‑62/12, 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 comprehensive framework for the regulation of civil aviation in Australia, addressing the need for safe, efficient, and orderly development of civil aviation. The Act was introduced to ensure the safety and efficiency of air navigation and to facilitate the orderly development of civil aviation within Australia and its territories. The Civil Aviation Regulations 1998 further support the Act by detailing the implementation of safety regulations, including the issuance of airworthiness directives (ADs). The Australian Government, through the Civil Aviation Safety Authority (CASA), issues ADs to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO). The objective of these regulations is to maintain high safety standards in aviation, ensuring that aircraft are maintained in a condition that is safe for operation.
The Civil Aviation Regulations 1998 empower CASA to issue ADs in response to findings by the State of Design or other international authorities. This is particularly relevant when an AD is issued by the Federal Aviation Administration (FAA) of the United States for a type of aircraft designed in the USA but registered in Australia. CASA, as Australia’s national airworthiness authority, is obligated to assess the foreign AD and, if necessary, issue a corresponding Australian AD. This process ensures that Australian registered aircraft meet the necessary safety standards as mandated by international conventions and national regulations. The issuing of such ADs does not require public consultation as it is a direct response to international obligations and the findings of the relevant State of Design. The ADs are legislative instruments made in accordance with the Legislative Instruments Act 2003 and are subject to disallowance under the Acts Interpretation Act 1901.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia, with a particular focus on the continuing airworthiness of aircraft. Under these regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to address safety concerns. These ADs are legislative instruments, subject to disallowance and review, and are designed to align with international standards set by the International Civil Aviation Organization (ICAO). In the case of aircraft designed in other countries, CASA, as Australia’s national airworthiness authority, is required to assess and, if necessary, issue Australian ADs in response to directives from the State of Design. This ensures that Australian-registered aircraft meet safety standards as mandated by international conventions and the specific regulatory requirements of Australia. The process for issuing these directives does not typically involve public consultation, as they are often in response to international obligations and safety directives from the aircraft’s country of origin.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (section 39.001) provide the legislative basis for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs serve to ensure the continuing airworthiness of aircraft and aeronautical products, thereby enhancing safety in air navigation. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Under the Act and Regulations, CASA has the authority to issue ADs in response to airworthiness concerns identified by the State of Design or based on international obligations. For instance, Annex 8 to the Convention on International Civil Aviation places the responsibility for the continuing airworthiness of aircraft types on the State of Design, which must provide necessary information to the States of Registry. CASA, as Australia's national airworthiness authority, must then assess this information and, if deemed appropriate, issue an Australian AD to enforce the requirements stipulated by the State of Design. This process was followed in the case of the Sikorsky Model S-62 helicopters, where CASA issued Australian AD/S-62/12 after evaluating the US Federal Aviation Administration's (FAA) AD 66-04-03.
Entities governed by the Civil Aviation Act and the associated regulations, such as aircraft operators and manufacturers, are obligated to comply with ADs issued by CASA. This includes adhering to the specific requirements and deadlines set forth in the directives to maintain the airworthiness of their aircraft. Failure to comply with these directives can result in serious safety hazards, including potential accidents or incidents, which could lead to legal and regulatory consequences.
In terms of penalties and consequences for non-compliance, the Civil Aviation Act 1988 outlines various civil and criminal penalties. Violators may face fines, imprisonment, or both, depending on the severity and nature of the breach. The exact penalties are not specified in the provided text but generally align with the regulatory framework established under the Act and relevant regulations. It is essential for all parties governed by these provisions to adhere strictly to the mandated airworthiness directives to ensure safety and compliance with national and international aviation standards.