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 71-26-03 affecting Sikorsky Model S-62 aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/S-62/6, Amendment 1, which 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 - 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 for the regulation of civil aviation within Australia, ensuring safety and efficiency in the sector. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, a responsibility that extends to the implementation of airworthiness directives (ADs). These ADs, which are legislative instruments as per the Legislative Instruments Act 2003, serve as a critical mechanism for maintaining the continuing airworthiness of aircraft as mandated by international standards under Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 further detail the authority of the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, ensuring compliance with both national and international obligations. In the case of the Sikorsky Model S-62 aircraft, CASA has issued an AD following assessment of a directive from the Federal Aviation Administration of the United States, the State of Design, thereby fulfilling Australia's commitment to international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, enabling the Civil Aviation Safety Authority (CASA) to mandate requirements for the continuing airworthiness of aircraft. Specifically, under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is empowered to issue ADs for types of aircraft or aeronautical products, ensuring compliance with safety standards as stipulated in Annex 8 of the Convention on International Civil Aviation. These directives are issued in response to the obligations of the State of Design, which must provide necessary information to ensure the continuing airworthiness of an aircraft type. When a foreign State of Design issues an AD, CASA assesses the information and, if appropriate, issues an Australian AD to enforce the requirements on aircraft registered in Australia. The process outlined under the Act and Regulations ensures that ADs, such as AD/S-62/6, Amendment 1 issued in response to FAA's AD 71-26-03 for Sikorsky Model S-62 aircraft, are implemented without public consultation due to their alignment with international obligations, and are not subject to a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 provides the framework under which the Civil Aviation Safety Regulations 1998 are enacted. Under section 98 of the Act, the Governor-General has the authority to make regulations to ensure the safety of air navigation, which includes the issuance of airworthiness directives (ADs). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specified kinds of aircraft or aeronautical products. These ADs, as noted in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are therefore legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations are primarily on CASA as Australia’s national airworthiness authority. CASA must assess any ADs issued by the State of Design for aircraft types registered in Australia, and if deemed necessary, issue corresponding Australian ADs to ensure compliance with international standards for continuing airworthiness. Annex 8 to the Convention on International Civil Aviation assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the ongoing airworthiness of individual aircraft. Consequently, when the Federal Aviation Administration (FAA) issues an AD, such as AD 71-26-03 affecting Sikorsky Model S-62 aircraft, CASA must evaluate this information and, if necessary, issue an Australian AD, such as AD/S-62/6, Amendment 1.
Failure to comply with ADs can lead to significant consequences. While specific offences and penalties are not detailed in the provided text, non-compliance with airworthiness directives generally results in severe penalties under civil and criminal law. Such penalties may include fines, imprisonment, or both, depending on the severity and impact of the non-compliance on aviation safety. CASA’s role in enforcing these directives is critical to maintaining the high standards of airworthiness required by the Civil Aviation Act 1988 and the associated regulations.