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 European Aviation Safety Authority (EASA) has issued AD 2008-0005 affecting Eurocopter AS332 model helicopters. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/S‑PUMA/54, Amendment 2, which will become effective on 25 January 2008. This AD cancels and replaces the previous issue.
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, Airframes in the Airworthiness Engineering Branch, 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 and to provide a framework for the regulation of civil aviation in Australia. The Act empowers the Governor-General to make regulations that contribute to the safety of air navigation, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that aim to maintain the continuing airworthiness of aircraft and aeronautical products, as mandated by international conventions such as Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 establish that the Civil Aviation Safety Authority (CASA) can issue ADs in response to directives from the State of Design or other international authorities, ensuring compliance with global standards and maintaining the integrity of the Australian aviation safety framework.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, authorise the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for certain types of aircraft or aeronautical products, with these directives being considered legislative instruments under the Legislative Instruments Act 2003. These ADs are mandated by the Civil Aviation Act 1988, which allows the Governor-General to make regulations for air navigation safety. The ADs are instrumental in ensuring the continuing airworthiness of aircraft, as per the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, assesses and issues such directives when required, thereby enforcing compliance with international standards. Notably, these directives apply to all aircraft registered in Australia that are affected by the specific ADs issued, and they do not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to make regulations that are in the interests of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901. In this context, an AD serves as a critical tool for ensuring the continuing airworthiness of aircraft types, and it is important to note that these directives are consistent with the requirements set forth in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are multifaceted. The State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide necessary information to ensure that the aircraft remains airworthy. The State of Registry, which registers the individual aircraft, must develop or adopt requirements to maintain the airworthiness of aircraft within its jurisdiction. CASA, as Australia's national airworthiness authority, has the duty to assess the information provided by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements. In this case, CASA has reviewed the European Aviation Safety Authority’s AD 2008-0005 concerning Eurocopter AS332 model helicopters and issued the corresponding Australian AD/S-PUMA/54, Amendment 2.
There are specific consequences for non-compliance with ADs under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Failure to comply with the mandated requirements can result in significant penalties. Civil penalties may include fines up to a specified maximum amount, while criminal penalties can include imprisonment, reflecting the seriousness of non-compliance with airworthiness directives. Such stringent measures underscore the importance of adhering to ADs to ensure the safety of air navigation.