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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/S-PUMA/81 affecting Eurocopter AS 332 series helicopters. The EASA issued AD 2009-0275-E on 21 December 2009 which supersedes the requirements of AD/S-PUMA/81 and as such this AD has been cancelled. The EASA acts on behalf of France which is the state of design for these helicopters. The cancellation will become effective on 11 January 2010.
No consultation with the Australian public has taken place on this AD cancellation. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation and to establish a comprehensive regulatory framework for civil aviation in Australia. It empowers the Governor-General to make regulations that serve the interests of aviation safety, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments that mandate specific requirements to maintain the airworthiness of aircraft and aeronautical products, reflecting international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Authority (CASA) is responsible for implementing these directives, ensuring that the continuing airworthiness of aircraft is maintained in line with both national and international obligations. The Act’s policy objective is to enhance the safety and efficiency of civil aviation through stringent regulatory oversight and compliance with international conventions.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of aircraft and aeronautical products. These directives apply to specific kinds of aircraft or aeronautical products within the Australian jurisdiction, and CASA, as the national airworthiness authority, is tasked with assessing and issuing such directives in accordance with international standards set forth by the International Civil Aviation Organization (ICAO). Notably, the State of Design for a particular aircraft type has the primary responsibility for ensuring its continuing airworthiness and must provide necessary information to States of Registry, which in turn must implement requirements to maintain airworthiness. In cases where a State of Design issues an AD, CASA must evaluate this information and issue a corresponding Australian AD if appropriate. The ADs, such as the one issued by CASA for Eurocopter AS 332 series helicopters, are legislative instruments that undergo assessment by the Manager, Continuing Airworthiness within CASA. The scope of application extends to mandating specific safety requirements for aircraft registered in Australia, ensuring compliance with both national and international safety standards.
Key Provisions
The key operative sections of this legislation involve the issuance and management of airworthiness directives (ADs) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for certain types of aircraft or aeronautical products. Additionally, subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and legislative instruments under section 6 of the Legislative Instruments Act 2003. This legislative framework ensures that ADs are issued in a manner consistent with broader aviation safety regulations.
The obligations and requirements imposed by this legislation primarily focus on ensuring the continuing airworthiness of aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce these requirements. The State of Registry must also develop or adopt necessary requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. This regulatory structure ensures that safety standards are consistently maintained across all aircraft registered in Australia.
Any breach of the provisions of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 could result in significant civil or criminal consequences. Although the specific penalties are not detailed in the provided text, it is common under such legislation for breaches to incur fines or other penalties. The severity of the penalty would depend on the nature and extent of the breach, with potential implications for both individuals and corporations involved in the operation of aircraft. The regulatory framework is designed to ensure compliance through clear directives and the enforcement of safety standards to protect the public and enhance aviation safety.