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 2007-17-05 affecting Sikorsky S-92 helicopters. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/S-92/5, which will become effective on 30 August 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, is designed to regulate the aviation industry with a focus on ensuring the safety of air navigation. The Act provides the legal framework within which the Civil Aviation Safety Regulations 1998 are made, including the issuance of airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs serve as a mechanism for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The objective of the ADs is to ensure that aircraft registered in Australia meet the necessary safety standards as determined by the relevant State of Design and enforced by CASA. The ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework through which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs) in the interests of safety for air navigation. These regulations empower CASA to issue ADs for specific types of aircraft or aeronautical products to ensure their continuing airworthiness, as mandated by Annex 8 of the Convention on International Civil Aviation. Such directives are legal instruments and must comply with the requirements set out in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. When the State of Design, such as the United States in the case of the Sikorsky S-92 helicopter, issues an AD, CASA assesses this information and, if deemed necessary, issues a corresponding Australian AD. The issuance of these directives is a direct result of Australia’s international obligations and is executed in response to ADs raised by the relevant State of Design, hence no public consultation is required. The ADs are developed by CASA, specifically by the Manager, Systems in the Airworthiness Engineering Branch, ensuring compliance with the legislative framework and maintaining safety standards as stipulated under the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to make regulations aimed at enhancing the safety of air navigation. One of the key regulations is 39.001, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory action is integral to maintaining the safety standards required in the aviation industry. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments under the Legislative Instruments Act 2003.
The obligations imposed by these regulations primarily fall on CASA, Australia’s national airworthiness authority. CASA is required to assess the ADs issued by the State of Design, which holds responsibility for the continuing airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation. In the case of the Sikorsky S-92 helicopter, CASA has issued Australian AD/S-92/5, which mandates the requirements of the State of Design (the US FAA) for all S-92 helicopters registered in Australia. This obligation extends to ensuring that all stakeholders comply with these directives to maintain the required safety standards.
Failure to comply with an airworthiness directive can have significant consequences. While the specific offences and penalties are not detailed in the provided text, non-compliance with such directives can lead to severe civil or criminal repercussions, depending on the severity of the breach. Typically, non-compliance with airworthiness regulations could result in fines, suspension of aircraft operations, or other enforcement actions taken by CASA. These measures are designed to ensure that all aircraft operating within Australian airspace meet the stringent safety standards mandated by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.