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 United States FAA has issued AD 2005-12-03 affecting Sikorsky S-92 series helicopters. The United States is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/S-92/2, which will become effective on 18 December 2006.
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, New Technologies and Systems, 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 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, including the Civil Aviation Safety Regulations 1998, which govern various aspects of aviation safety. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are legislative instruments, as stipulated by the Legislative Instruments Act 2003. The primary aim of these regulations is to ensure the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). When a State of Design issues an AD, CASA must assess and, if necessary, issue corresponding Australian ADs to mandate the safety requirements of the design state for aircraft registered in Australia. This legislative framework is crucial for maintaining safety standards in alignment with international obligations and practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These ADs apply to specific kinds of aircraft or aeronautical products, and are mandated when a State of Design issues a directive affecting aircraft on the Australian Register. The State of Registry, in this case CASA, is responsible for the continuing airworthiness of these aircraft and must implement the requirements outlined in the AD. For example, in response to the United States Federal Aviation Administration's AD 2005-12-03 concerning Sikorsky S-92 series helicopters, CASA issued Australian AD/S-92/2, which became effective on 18 December 2006. This AD applies to all Sikorsky S-92 helicopters registered in Australia, and CASA's issuance of the directive is a direct consequence of Australia's commitments under the Convention on International Civil Aviation. Notably, the AD is a legislative instrument, disallowable under the Acts Interpretation Act 1901, and it was made by the Manager, New Technologies and Systems, in accordance with the Civil Aviation Act 1988. Given the international nature of ADs and their critical role in air safety, no public consultation was deemed necessary, and a Regulatory Impact Statement was not required.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This authority is derived from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation. Specifically, subregulation 39.001(5) clarifies that an AD is a disallowable instrument as defined by section 46A of the Acts Interpretation Act 1901, and consequently, it is also a legislative instrument under section 6 of the Legislative Instruments Act 2003. These directives are critical for ensuring the continuing airworthiness of aircraft and are issued by various ICAO Contracting States.
The obligations imposed by the Act and Regulations on entities such as CASA and the State of Registry are significant. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation, and must provide necessary information to States of Registry. The State of Registry, in turn, is responsible for ensuring the continuing airworthiness of individual aircraft and must develop or adopt requirements to meet this responsibility. In practice, when a State of Design, such as the United States, issues an AD for a type of aircraft registered in Australia, CASA must assess this information and, if necessary, issue a corresponding Australian AD. This ensures that the Australian aircraft meet the safety standards set by the originating State of Design.
Breaches of the requirements set out in ADs can lead to serious consequences. Non-compliance with ADs could potentially compromise the safety of air navigation, which is a fundamental duty under the Civil Aviation Act 1988. Although the text does not specify maximum penalties, it is reasonable to infer that failure to adhere to these directives could result in significant civil or criminal liabilities. The seriousness of these potential consequences underscores the importance of adhering to the mandates of ADs.