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-2005-100 affecting AS332 model helicopters. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/S-PUMA/62, which will become effective on 1 September 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 Manager, Airframes 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 Commonwealth Parliament, governs the safety and regulation of civil aviation within Australia. It provides the legislative framework for the Australian Civil Aviation Safety Authority (CASA) to oversee and enforce aviation safety standards. One of the critical gaps it addresses is ensuring the continuing airworthiness of aircraft and aeronautical products through mechanisms such as airworthiness directives (ADs). These directives are vital for maintaining the safety standards in line with international obligations, particularly under the Convention on International Civil Aviation. The 1998 Civil Aviation Safety Regulations complement the Act by providing detailed rules for implementing safety measures, including the issuance of ADs by CASA. The policy objective underpinning this legislation is to enhance the safety of air navigation and the overall aviation industry in Australia by aligning national regulations with international standards and ensuring that aircraft on the Australian register meet necessary safety requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) pertaining to certain types of aircraft or aeronautical products. These directives are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. This regulatory mechanism is integral to ensuring the safety of air navigation, as outlined in section 98 of the Civil Aviation Act 1988. ADs are issued in compliance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design, responsible for the aircraft type, must provide necessary information to the States of Registry to maintain continuing airworthiness. In Australia, CASA, as the national airworthiness authority, must evaluate such international directives and, if deemed appropriate, issue corresponding Australian ADs. For example, following the issuance of French AD F-2005-100 for AS332 model helicopters by the French DGAC, CASA issued Australian AD/S-PUMA/62, effective from 1 September 2005. Given that this AD responds to international obligations and requirements, it was not subject to public consultation or a Regulatory Impact Statement. The AD was made by the Manager, Airframes, in CASA’s Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Safety Regulations 1998 (under regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as mandated by section 98 of the Civil Aviation Act 1988. These directives serve to maintain the airworthiness of aircraft and are considered legislative instruments, as outlined in subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and further confirmed by section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations include the State of Design's responsibility to provide necessary information to ensure the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. Correspondingly, the State of Registry, in this case CASA, must assess such information and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design. This ensures compliance with international standards and obligations under the Convention on International Civil Aviation.
Failure to adhere to the requirements outlined in an AD may lead to severe consequences. Under section 91 of the Civil Aviation Act 1988, an offence is committed if an operator fails to comply with an AD. Such non-compliance could result in penalties, including substantial fines and potential imprisonment. The precise penalties are determined by the severity of the offence and are in accordance with the provisions of the relevant legislation. This underscores the critical importance of adhering to ADs for maintaining aviation safety standards.