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 2005-13-13 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-92/4 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 legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation and operations. This Act allows the Governor-General to make regulations, including those related to airworthiness directives (ADs) under section 98, which are essential for maintaining the safety standards of aircraft. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, empowering the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, as stated in regulation 39.001. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, are integral to complying with international standards set by the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft. The issuance of these directives, such as AD/S-92/4 for Sikorsky S-92 series helicopters, is a response to obligations under international agreements and is made without public consultation, as determined by the Office of Regulatory Review. The AD is issued by CASA, under the authority granted by the Act, ensuring that Australian aviation standards align with international safety requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, govern the issuance of airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations to ensure the safety of air navigation. Regulation 39.001 of these regulations specifically authorises the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs, as specified in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, therefore, are legislative instruments as per the Legislative Instruments Act 2003. The ADs are issued to ensure the continuing airworthiness of aircraft in accordance with Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for the aircraft type and must provide necessary information to the States of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft, and must develop or adopt requirements to maintain this airworthiness. CASA, as Australia's national airworthiness authority, must issue Australian ADs in response to ADs from the State of Design, ensuring compliance with international standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 of the Regulations permits the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance under the Legislative Instruments Act 2003.
CASA, as Australia's national airworthiness authority, is obligated to assess ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to ensure the continuing airworthiness of aircraft on the Australian Register. This process is guided by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design overall responsibility for the continuing airworthiness of an aircraft type and mandates that it provide necessary information to the State of Registry. In this context, the State of Registry is responsible for developing or adopting requirements to ensure the continuing airworthiness of aircraft within its jurisdiction.
For instance, the United States, as the State of Design for Sikorsky S-92 series helicopters, issued AD 2005-13-13. CASA, acting under its mandate, assessed this AD and subsequently issued Australian AD/S-92/4, which became effective on 18 December 2006. This Australian AD was issued without public consultation as it responds to an AD raised by the relevant State of Design and aligns with Australia's obligations under the Convention on International Civil Aviation.
Failure to comply with ADs can result in significant consequences. The Civil Aviation Act 1988 and associated regulations impose strict obligations on aircraft operators and owners to adhere to ADs. Non-compliance can lead to various civil and criminal penalties. For example, under section 18 of the Act, an operator or owner found in breach of an AD may be subject to fines or imprisonment. The specific penalties can vary, but the Act provides for significant deterrent measures to ensure compliance with airworthiness directives.