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.
The US FAA has issued AD 2005-22-01 affecting Sikorsky S76 model helicopters. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/S-76/74, which will become effective on 1 December 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 Manager, Airframes in the Manufacturing, Certification and New Technologies Office, 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 civil aviation in Australia, including the regulation of airworthiness and safety. This Act allows the Governor-General to make regulations for the safety of air navigation. Complementing this Act, the Civil Aviation Safety Regulations 1998 provide mechanisms for the issuance of airworthiness directives (ADs), which are regulatory instruments aimed at ensuring the safety and airworthiness of aircraft and aeronautical products. The ADs are essential for maintaining the continuing airworthiness of aircraft types and are issued in accordance with international standards set forth by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) has the responsibility to assess and, where necessary, issue Australian ADs based on directives from the State of Design or in response to international safety concerns. This legislative framework ensures that Australian aviation remains compliant with international safety standards while addressing specific safety issues as they arise.
Scope and Application
The Civil Aviation Act 1988, as amended and supported by the Civil Aviation Safety Regulations 1998, governs the safety and airworthiness of aircraft and aeronautical products in Australia. Under this legislative framework, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) to ensure that aircraft and aeronautical products meet safety standards. ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. These directives apply to all aircraft and aeronautical products registered in Australia and are intended to address issues identified by the State of Design, which is the country where the aircraft type was designed. The State of Registry, which is the country where the aircraft is registered, is responsible for ensuring that ADs are implemented. In the case of AD 2005-22-01 issued by the US Federal Aviation Administration (FAA) concerning Sikorsky S76 model helicopters, CASA issued Australian AD/S-76/74 following its assessment of the directive. This process is conducted in accordance with Australia's obligations under the Convention on International Civil Aviation, and no public consultation is required for such ADs as they are mandated by international agreements and the need for immediate safety action. The ADs are developed by CASA officials within the appropriate divisions, ensuring compliance with the legislative requirements.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) outline the framework under which airworthiness directives (ADs) can be issued. According to these provisions, the Governor-General has the authority to make regulations to ensure the safety of air navigation, and the Civil Aviation Safety Authority (CASA) can issue ADs for certain kinds of aircraft or aeronautical products. These ADs are legally binding instruments as they are considered legislative instruments under the Legislative Instruments Act 2003.
Under these regulations, CASA, as Australia’s national airworthiness authority, must ensure the continuing airworthiness of aircraft registered in Australia. When the State of Design issues an AD, CASA assesses the information provided and, if necessary, issues a corresponding Australian AD to mandate the requirements of the State of Design. This ensures that the aircraft comply with international safety standards, aligning with Australia’s obligations under the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act and the Civil Aviation Safety Regulations on CASA and other parties include the responsibility to issue Australian ADs in response to ADs issued by the State of Design. This includes assessing the information provided and ensuring that any necessary regulatory steps are taken to maintain the airworthiness of the aircraft. For example, CASA has assessed the US Federal Aviation Administration’s (FAA) AD 2005-22-01 affecting Sikorsky S76 model helicopters and subsequently issued Australian AD/S-76/74.
Failure to comply with these regulations and the issued ADs can lead to serious consequences. The Civil Aviation Safety Regulations do not specify particular offences or penalties for non-compliance with ADs, but general civil and criminal penalties may apply for breaches of aviation safety regulations. These can include fines and imprisonment, depending on the severity of the breach and the discretion of the court. It is crucial for operators and owners of affected aircraft to adhere to the requirements of the ADs to avoid any legal repercussions.