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 EASA has issued AD 2006-0306-E affecting EUROCOPTER AS 332 series helicopters. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/S-PUMA/65 which will become effective on 17 October 2006.
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, addresses the regulation of civil aviation safety to ensure the safety of air navigation. This legislation provides the framework for the creation of regulations, including the Civil Aviation Safety Regulations 1998, which govern the issuance of airworthiness directives (ADs). These ADs are a crucial mechanism for maintaining the continuing airworthiness of aircraft and aeronautical products, as mandated by the Convention on International Civil Aviation. Under the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs based on assessments of international directives, ensuring compliance with safety standards set by the relevant State of Design. This approach aligns with international obligations and aims to uphold the highest safety standards for aircraft operating within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998 apply to all aircraft registered in Australia, including domestic and international operators, and cover the continuing airworthiness of such aircraft. This applies to all kinds of aircraft, their components, and aeronautical products used in Australia. The issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) under regulation 39.001 is mandated to ensure that aircraft remain in a safe and airworthy condition. The scope of this regulation extends to mandating specific safety measures and ensuring compliance with international standards as stipulated under Annex 8 to the Convention on International Civil Aviation. Exemptions and exclusions are not specified within the given text; however, the authority to issue these directives is exercised under the Civil Aviation Act 1988, which allows for the creation of legislative instruments like airworthiness directives. The geographic reach of these regulations is national, as CASA is Australia's designated airworthiness authority.
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. This authority stems from section 98 of the Civil Aviation Act 1988, which allows for regulations to be made in the interest of air navigation safety. Furthermore, subregulation 39.001(5) classifies an AD as a disallowable instrument under the Acts Interpretation Act 1901, and thus, it is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design bears the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure this airworthiness to the appropriate States of Registry. Consequently, ADs are a common form of continuing airworthiness information, issued by most International Civil Aviation Organization (ICAO) Contracting States. The State of Registry, on the other hand, is responsible for the ongoing airworthiness of individual aircraft and must develop or adopt requirements to ensure this. When the State of Design issues an AD, CASA, as Australia's national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements.
European Aviation Safety Agency (EASA) has issued AD 2006-0306-E affecting EUROCOPTER AS 332 series helicopters, with EASA acting as the State of Design. CASA has reviewed this AD and issued Australian AD/S-PUMA/65, which will come into effect on 17 October 2006. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation has been conducted. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in line with subsection 84A(2) of the Civil Aviation Act 1988.
In terms of obligations, CASA must assess the AD issued by the State of Design and determine whether an Australian AD is necessary. If an Australian AD is deemed necessary, CASA must issue it to ensure compliance with the continuing airworthiness requirements. The State of Registry is obligated to ensure that the aircraft registered within its jurisdiction complies with all applicable ADs. Failure to comply with an AD may result in the aircraft being deemed unairworthy, which could lead to grounding of the aircraft until the required compliance is achieved. CASA has the authority to take enforcement actions against non-compliance, including fines and other penalties as prescribed by the Civil Aviation Act 1988.
Any breach of the Civil Aviation Safety Regulations 1998, including non-compliance with ADs, may result in various civil and criminal consequences. For civil aviation offences, the penalties can include fines and imprisonment. Specifically, section 26 of the Civil Aviation Act 1988 provides that a person who contravenes a regulation may be liable to a penalty of up to $21,600 for a corporation and up to $4,320 for an individual. In more severe cases, particularly those involving significant safety risks, criminal penalties may apply. Section 27 of the Act allows for imprisonment for up to five years for any person who contravenes a regulation in a manner that causes death or serious injury. These provisions underscore the importance of adhering to ADs and other regulatory requirements to ensure the safety of air navigation.