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 UF-2008-008 affecting Eurocopter AS 332 helicopters. France is the State of Design for these helicopters CASA has assessed this AD and has issued Australian AD/S-PUMA/78, which will become effective on 25 June 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 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 Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate civil aviation activities within Australia with a focus on ensuring the safety and efficiency of air navigation. It empowers the Governor-General to make regulations in the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 providing specific mechanisms for maintaining aircraft airworthiness. Section 98 of the Act and regulation 39.001 of the Regulations enable the issuance of airworthiness directives (ADs), which are legislative instruments aimed at addressing safety issues related to aircraft and aeronautical products. These directives are crucial in maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, ensuring that both States of Design and Registry fulfill their responsibilities in this regard. The Civil Aviation Safety Authority (CASA) issues these directives, as seen in the case of AD/S-PUMA/78 affecting Eurocopter AS 332 helicopters, in response to directives from the State of Design. This legislative framework facilitates Australia's compliance with international standards and obligations while ensuring domestic aviation safety.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, mandates the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, falling under the purview of disallowable instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs are designed to maintain the continuing airworthiness of aircraft and are typically issued by the State of Design, with the State of Registry responsible for enforcing these directives on aircraft registered within its jurisdiction. For instance, CASA issued Australian AD/S-PUMA/78 in response to an AD from the French DGAC concerning Eurocopter AS 332 helicopters. This process is governed by international obligations under the Convention on International Civil Aviation, specifically Annex 8, and does not require public consultation or a Regulatory Impact Statement. The AD is issued by CASA under the authority granted by the Civil Aviation Act 1988, specifically subsection 84A(2), and is effective from the specified date.
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 ADs are legislative instruments as they are disallowable under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003. Such directives serve as a critical mechanism for ensuring the continuing airworthiness of aircraft as outlined in Annex 8 to the Convention on International Civil Aviation. This regulation places the responsibility of airworthiness on both the State of Design, which must provide necessary information to ensure airworthiness, and the State of Registry, which must develop or adopt requirements to maintain the airworthiness of individual aircraft.
The obligations imposed by these regulations on CASA and other parties include assessing ADs issued by the State of Design and determining if an Australian AD is necessary to mandate the requirements. This assessment and subsequent issuance of an Australian AD, as seen with the French DGAC's AD UF-2008-008 for Eurocopter AS 332 helicopters, ensures compliance with international standards and Australia's obligations under the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must ensure that the necessary measures are communicated and enforced effectively.
Failure to comply with the provisions of these ADs can lead to significant consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline various offences related to non-compliance with airworthiness directives. For example, operating an aircraft that does not meet the requirements of an applicable AD can result in civil penalties, including fines, or criminal charges, depending on the severity of the non-compliance. The specific penalties are not detailed in the provided text, but they can be severe, reflecting the critical importance of adhering to airworthiness standards to ensure safety in air navigation.