CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 UF_2005-079 affecting Eurocopter AS 332 L2 helicopters. France is the State of Design for this model.. CASA has assessed this AD and has issued Australian AD/S-PUMA/58, which will become effective on 9 May 2005.
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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, 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 and ensure the safety of air navigation within Australia. The Act provides a legal framework that empowers the Governor-General to make regulations for the safety of air navigation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The Civil Aviation Regulations 1998 further detail the procedures and standards required for maintaining the airworthiness of aircraft. These regulations empower CASA to issue airworthiness directives for specific types of aircraft or aeronautical products, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The Act and its associated regulations are designed to align with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, ensuring that Australia meets its obligations to ensure the continuing airworthiness of aircraft registered within its territory.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products, ensuring the safety of air navigation. These ADs are legislative instruments that mandate the continuing airworthiness of aircraft and are issued in response to obligations under the Convention on International Civil Aviation, particularly by the State of Design, which is responsible for the airworthiness of a specific aircraft type. CASA, as Australia's national airworthiness authority, evaluates these international directives and issues corresponding Australian ADs when necessary. For example, CASA issued Australian AD/S-PUMA/58 in response to a French airworthiness directive concerning Eurocopter AS 332 L2 helicopters, reflecting Australia's commitment to international safety standards. This process ensures that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with international conventions and domestic regulations.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that serve the Act’s purposes and the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is crucial to note that under subregulation 39.001(5), an AD is classified as a disallowable instrument under the Acts Interpretation Act 1901, and pursuant to section 6 of the Legislative Instruments Act 2003, an AD is considered a legislative instrument.
These airworthiness directives are pivotal in maintaining the continuing airworthiness of aircraft types. According to Annex 8 of the Convention on International Civil Aviation, the State of Design holds the overarching responsibility for ensuring the continuing airworthiness of an aircraft type. This responsibility includes providing necessary information to appropriate States of Registry to maintain airworthiness. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design, such as France in the case of the Eurocopter AS 332 L2 helicopters, issues an AD, CASA, as Australia’s national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to enforce the requirements set forth by the State of Design.
The obligations imposed on CASA include the assessment of ADs issued by States of Design and the subsequent issuance of Australian ADs when necessary. This process ensures that aircraft registered in Australia meet international safety standards. The French DGAC’s AD UF_2005-079 concerning Eurocopter AS 332 L2 helicopters led to CASA issuing Australian AD/S-PUMA/58, effective from 9 May 2005. Given that this AD aligns with Australia’s obligations under the Convention on International Civil Aviation and in response to a State of Design’s directive, no public consultation was required. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement.
Breaches of ADs can have serious consequences. Failure to comply with an AD can result in significant civil or criminal penalties. Under section 98A of the Civil Aviation Act 1988, a person who contravenes an AD can be fined up to $27,500 for an individual offence and up to $275,000 for a corporate offence. Furthermore, in cases of serious non-compliance, CASA can take enforcement actions, including grounding the aircraft, which can lead to substantial operational disruptions and financial penalties for the operators. The severity of the penalties underscores the importance of adhering to airworthiness directives to maintain the highest safety standards in civil aviation.