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 2006-15-19 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-92/3, 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 ensure the safety of air navigation in Australia, providing a legal framework for the regulation of civil aviation activities within the country. Under this Act, the Governor-General has the authority to issue regulations in the interest of air navigation safety, including the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. The directives are crucial for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, in accordance with Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, assesses and, if necessary, issues Australian airworthiness directives in response to those issued by the relevant State of Design, ensuring compliance with international safety standards.
Scope and Application
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 exercised in the interest of ensuring the safety of air navigation and is grounded in the Civil Aviation Act 1988. These directives, as legislative instruments, are crucial for maintaining the continuing airworthiness of aircraft as stipulated under Annex 8 to the Convention on International Civil Aviation. The ADs are issued in response to safety concerns identified by the State of Design, and CASA, as Australia’s national airworthiness authority, evaluates and, if necessary, issues corresponding Australian ADs to comply with international obligations and to ensure aircraft registered in Australia meet safety standards. This process is conducted without public consultation as it pertains to international obligations and safety imperatives, and it does not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). Specifically, regulation 39.001(5) establishes that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, therefore, a legislative instrument as per section 6 of the Legislative Instruments Act 2003. These provisions empower CASA to issue ADs concerning types of aircraft or aeronautical products to ensure air navigation safety.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to mandate the requirements for aircraft registered in Australia. The State of Design, in this case, the United States for Sikorsky S-92 series helicopters, has the responsibility to ensure the continuing airworthiness of the aircraft type, while the State of Registry—Australia in this instance—must implement these requirements to maintain airworthiness standards. This entails CASA evaluating the AD issued by the FAA and subsequently issuing Australian AD/S-92/3 to ensure compliance with international standards and regulations.
The Act and Regulations impose specific requirements on parties, including CASA, to act on ADs issued by the State of Design. CASA must assess the AD and issue a corresponding Australian AD when necessary to ensure compliance with international obligations and standards. The State of Registry must implement these requirements to maintain the continuing airworthiness of aircraft registered within its jurisdiction. This process ensures that aircraft in Australia meet the safety standards set forth by the international community.
There are no specific offences, penalties, or consequences outlined in the provided text for non-compliance with ADs. However, under the broader framework of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, failure to comply with ADs could potentially lead to enforcement actions, fines, or other civil or criminal penalties as determined by CASA. The maximum penalties for such breaches would be in accordance with the relevant sections of the Civil Aviation Act 1988 and related regulations, which could include substantial fines and, in severe cases, criminal charges.