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 2006-11-14 affecting Sikorsky S-92 model helicopters. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/S-92/1, which will become effective on 18 January 2007.
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 address the need for comprehensive regulations governing civil aviation in Australia, particularly in the interest of ensuring air navigation safety. This Act empowers the Governor-General to create regulations, including the Civil Aviation Safety Regulations 1998, which provide the framework for issuing airworthiness directives. These directives are crucial for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry under the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 mandate that airworthiness directives are legislative instruments, subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. In line with these obligations, the Civil Aviation Safety and Airworthiness Authority (CASA) has issued an Australian airworthiness directive in response to an American directive affecting Sikorsky S-92 model helicopters, reflecting Australia’s commitment to international civil aviation standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework within which airworthiness directives (ADs) are issued in Australia, ensuring the continuing airworthiness of aircraft. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and are integral to maintaining the safety standards outlined in Annex 8 of the Convention on International Civil Aviation. The State of Design is primarily responsible for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, which in turn are responsible for the individual aircraft. In the case of Australian-registered aircraft, CASA must assess any relevant ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. For example, in response to the US Federal Aviation Administration’s AD 2006-11-14 concerning Sikorsky S-92 model helicopters, CASA issued Australian AD/S-92/1, effective from 18 January 2007. Given the international nature and the specific safety obligations under the Convention on International Civil Aviation, this AD was issued without public consultation and does not require a Regulatory Impact Statement.
Key Provisions
The key operative sections of the Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establish the framework for the issuance of airworthiness directives (ADs) to ensure the safety of aircraft. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations necessary for air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. Under subregulation 39.001(5), these ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby rendering them legislative instruments.
The obligations placed upon the parties governed by these provisions are significant. The State of Design, responsible for the aircraft type, must provide necessary information to ensure continuing airworthiness, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, is tasked with assessing the AD issued by the State of Design and, if appropriate, issuing a corresponding Australian AD to mandate the requirements. This ensures that the continuing airworthiness of individual aircraft is maintained in compliance with international standards.
Non-compliance with ADs carries severe consequences. The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 impose stringent obligations on aircraft operators to adhere to ADs. Failure to comply with an AD can result in civil penalties, including fines of up to $111,000 for individuals and $555,000 for corporations, as well as criminal penalties, including imprisonment for up to five years. Such consequences underscore the importance of adhering to ADs to maintain the safety of air navigation.
The issuance of ADs, particularly in response to directives from the State of Design, is conducted without the need for public consultation as mandated by the Convention on International Civil Aviation. Moreover, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, streamlining the process for ensuring airworthiness. The AD is 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, ensuring that the directive is issued within the legal framework established by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.