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 European Aviation Safety Authority (EASA) has issued Emergency AD
2008-0096-E affecting Eurocopter AS 332 L1, AS 332 L2 and AS 365 N3 model aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/S-PUMA/77 and AD/DAUPHIN/96, which will become effective on 29 May 2008.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of its key provisions is the authority for the Governor-General to make regulations that serve the interests of air navigation safety, which is further detailed in the Civil Aviation Safety Regulations 1998. Specifically, regulation 39.001 of these regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs, which mandate specific actions to ensure the continuing airworthiness of aircraft, are recognised as legislative instruments under the Legislative Instruments Act 2003. In response to international obligations under the Convention on International Civil Aviation, and in accordance with Australia’s responsibilities as a State of Registry, CASA has the duty to assess and, where necessary, issue ADs to ensure compliance with international safety standards. This process does not require public consultation as it is driven by international agreements and the need to harmonise with the requirements of the aircraft’s State of Design.
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 types of aircraft or aeronautical products, as per regulation 39.001. These directives are legislative instruments that are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are regulated under the Legislative Instruments Act 2003. The ADs serve as a mechanism for maintaining the continuing airworthiness of aircraft, as per Annex 8 of the Convention on International Civil Aviation, and are issued in response to obligations and directives from the State of Design. CASA, acting on behalf of the Australian State of Registry, must issue corresponding ADs when an AD is issued by the State of Design, ensuring compliance with international safety standards and obligations. The issuance of these directives does not require consultation with the Australian public and is determined not to require a Regulatory Impact Statement by the Office of Best Practice Regulation. This process underscores the jurisdictional reach of the Civil Aviation Act 1988 and its regulations in ensuring the safety and compliance of aircraft registered in Australia with international standards.
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 kinds of aircraft or aeronautical products. These directives, as defined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments under section 6 of the Legislative Instruments Act 2003. These ADs are crucial for ensuring the continuing airworthiness of aircraft types, aligning with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the overarching responsibility for this purpose. The State of Registry, which in Australia's case is CASA, must ensure the ongoing airworthiness of individual aircraft by adopting or developing the necessary requirements. When the State of Design issues an AD, CASA must review and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
The obligations imposed by these regulations on CASA and the State of Registry are significant. CASA, as the national airworthiness authority, is mandated to assess information from the State of Design and issue corresponding Australian ADs where appropriate. This ensures that Australian aircraft comply with international standards and safety requirements. The State of Registry, in turn, is responsible for implementing and enforcing these ADs to maintain the airworthiness of aircraft registered in Australia. The seamless integration of international directives into domestic regulations ensures that Australian aviation safety standards are in line with global best practices.
Failure to comply with ADs can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in civil penalties, which may include fines and, in severe cases, criminal charges. The Act provides that a person who contravenes an AD is liable to a penalty. The exact penalties depend on the nature and severity of the breach, but they can be significant. Additionally, non-compliance can also lead to operational restrictions or even grounding of the aircraft, thereby impacting both the operator and the safety of air navigation. These provisions underscore the importance of adhering to airworthiness directives to maintain the highest standards of aviation safety.