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 issued AD F-2005-129, affecting Eurocopter SA332L2 Super Puma helicopters. France is the State of Design for this helicopter model. As a result of a request from industry, CASA has amended the equivalent Australian AD. The amended AD, AD/S-PUMA/58 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 was enacted to regulate civil aviation in Australia and ensure the safety of air navigation. It empowers the Governor-General to make regulations for the purposes of the Act, particularly in relation to the safety of air navigation. Under the authority conferred by the Act, the Civil Aviation Safety Regulations 1998 were established, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs serve as legislative instruments and are crucial for maintaining the continuing airworthiness of aircraft, in line with Australia’s obligations under the Convention on International Civil Aviation. The issuing of ADs is typically in response to directives from the State of Design or as a requirement of the State of Registry, thus ensuring compliance with international standards and maintaining safety across the aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs, which are legislative instruments, are designed to ensure the safety of air navigation in Australia and are issued in accordance with Australia's international obligations under the Convention on International Civil Aviation. The ADs serve to mandate the continuing airworthiness of aircraft and aeronautical products, which is a responsibility shared between the State of Design, which provides the necessary information for ensuring airworthiness, and the State of Registry, which must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory. In Australia, CASA acts as the national airworthiness authority and is responsible for assessing information from States of Design and issuing corresponding ADs to enforce airworthiness requirements on Australian-registered aircraft. The issuance of ADs is a formal process, and in this instance, the amendment of an Australian AD in response to a French AD for Eurocopter SA332L2 Super Puma helicopters demonstrates the interconnected nature of international aviation safety standards. Notably, because ADs are issued in response to international obligations and do not require public consultation or a Regulatory Impact Statement, the process for their creation and implementation is streamlined to ensure timely and effective safety measures are applied to the aviation industry.
Key Provisions
The key sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance and implementation of airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Civil Aviation Act 1988 authorises the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. An AD is considered a legislative instrument under subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and is regulated under section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA must ensure the continuing airworthiness of aircraft by assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs. This reflects the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design has overall responsibility for continuing airworthiness, and the State of Registry must develop or adopt requirements to ensure the same for individual aircraft. The issuance of ADs by CASA, such as the amended AD/S-PUMA/58 Amendment 1 for Eurocopter SA332L2 Super Puma helicopters, is a direct response to obligations under international conventions and the need to maintain safety standards in Australian-registered aircraft.
Obligations imposed by the Act and the Regulations include the requirement for CASA to review and implement ADs issued by the State of Design, ensuring that Australian registered aircraft comply with safety standards. This involves CASA assessing the ADs, determining their applicability to aircraft on the Australian Register, and issuing corresponding Australian ADs when necessary. The State of Registry, through CASA, must ensure that the requirements of the AD are met by operators of affected aircraft, which may include maintenance, repairs, or modifications to ensure continued airworthiness.
The failure to comply with an AD can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to civil penalties, including fines and potential prosecution. The specific penalties for breach of an AD are not detailed in the provided text, but typically, the penalties can be significant, reflecting the importance of adhering to safety directives. Additionally, non-compliance with ADs can lead to criminal charges if the breach results in an aircraft being deemed unairworthy, potentially resulting in imprisonment. The severity of these penalties underscores the critical nature of airworthiness directives in maintaining the safety of air navigation.