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 French DGAC has issued AD F-2005-137 which supersedes F-2004-197, affecting Eurocopter AS 332 Super Puma helicopters. France is the State of Design for this helicopter. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/S-PUMA/57 Amendment 1 will become effective on 10 September 2005. 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 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, enacted by the Australian Parliament, was introduced to regulate civil aviation within Australia, focusing on ensuring the safety of air navigation and the continuing airworthiness of aircraft. Under this Act, the Civil Aviation Safety Regulations 1998 were established to provide detailed safety standards and procedures. One of the key mechanisms under these regulations is the issuance of airworthiness directives (ADs), which are intended to address safety issues with specific types of aircraft or aeronautical products. These directives are issued by the Civil Aviation Safety Authority (CASA) and are aligned with the standards set by the International Civil Aviation Organization (ICAO). The Act and accompanying regulations aim to ensure that aircraft operating in Australia meet the necessary safety standards, reflecting Australia's commitment to international aviation safety protocols.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to persons and entities involved in the operation of aircraft in Australia, including aircraft manufacturers, operators, and maintenance providers. The scope of these regulations encompasses the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are legally binding instruments designed to maintain the airworthiness of aircraft. The ADs are issued in compliance with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type and mandates the sharing of necessary information with the States of Registry. The State of Registry, which is responsible for the individual aircraft’s continuing airworthiness, must adopt or develop requirements to maintain airworthiness standards. This legislation applies nationally and internationally, as CASA, Australia’s national airworthiness authority, must issue Australian ADs when a State of Design issues corresponding directives. The ADs are legislative instruments under the Legislative Instruments Act 2003 and do not require public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and directives from the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 contain provisions that empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, as stipulated under section 98 of the Act and regulation 39.001 of the Regulations (Civil Aviation Act 1988; Civil Aviation Safety Regulations 1998). An AD is a legislative instrument, which is disallowable under section 46A of the Acts Interpretation Act 1901 and must be made in accordance with the Legislative Instruments Act 2003 (Acts Interpretation Act 1901; Legislative Instruments Act 2003). ADs serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, in this case, France for the Eurocopter AS 332 Super Puma helicopters, has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. CASA, as Australia's national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA include the responsibility to assess the information provided by the State of Design and to issue an Australian AD if appropriate, to ensure the continuing airworthiness of the aircraft in Australia (Civil Aviation Safety Regulations 1998). The State of Registry, in this case, Australia, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. The AD issued by CASA must be aligned with the requirements of the State of Design and must be effective from the date specified in the AD. This process is governed by the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, which provide the legal framework for the issuance and enforcement of ADs in Australia.
Breaching the provisions of the Civil Aviation Safety Regulations 1998 by failing to comply with an AD could result in serious consequences, both civil and criminal. Under the Civil Aviation Act 1988, an aircraft that does not comply with an AD is considered airworthy, and any person who contravenes an AD may be subject to enforcement action by CASA. The penalties for non-compliance can include fines and, in more serious cases, criminal charges. The specific penalties are determined by the severity of the breach and the potential risk to aviation safety. The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 outline the legal framework for enforcing compliance with ADs and for imposing penalties on those who fail to comply with the regulations.