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 AD 2009-0178-E affecting Eurocopter AS 332 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/82, Amendment 1, which will become effective on
13 August 2009. This AD cancels and replaces the previous issue.
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, Initial Airworthiness in the Airworthiness and 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, addressing the need for a cohesive and comprehensive set of laws to govern the safety, efficiency, and orderly development of civil aviation. One of the significant mechanisms introduced by the Act is the ability for the Governor-General to make regulations, including the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail the process, allowing the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments that mandate compliance to maintain airworthiness, as required under international standards set by the Convention on International Civil Aviation. This legislative framework ensures that Australia meets its international obligations while maintaining the highest safety standards for its civil aviation sector.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) under Australian law, with the primary objective of ensuring the safety of air navigation. Pursuant to section 98 of the Act, the Governor-General has the authority to make regulations in the interests of safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for specific types of aircraft or aeronautical products. The ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901. These ADs apply to all aircraft registered in Australia and are mandated by the State of Design, which holds the responsibility for the continuing airworthiness of an aircraft type. CASA, as the national airworthiness authority, must issue corresponding Australian ADs if appropriate, ensuring compliance with international standards under the Convention on International Civil Aviation. In this context, the ADs do not require public consultation or a Regulatory Impact Statement, and they are issued by CASA in accordance with the legislative framework provided by the Act.
Key Provisions
The Civil Aviation Safety Regulations 1998 (section 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD, as outlined in subregulation 39.001(5), is a legislative instrument that is disallowable under section 46A of the Acts Interpretation Act 1901 and subject to the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft types and are issued in accordance with Annex 8 of the Convention on International Civil Aviation. The State of Design, which is responsible for the initial airworthiness of an aircraft, must provide information to the State of Registry to ensure the aircraft’s ongoing airworthiness. In the case of Australian-registered aircraft, CASA, as the national airworthiness authority, must evaluate the information from the State of Design and, if necessary, issue an Australian AD to enforce the required measures.
The obligations imposed by these ADs primarily fall on CASA and the State of Registry. CASA must review ADs issued by the State of Design, such as the European Aviation Safety Authority (EASA) in the case of Eurocopter AS 332 model aircraft, and determine whether an Australian AD is necessary. If so, CASA issues the appropriate AD to ensure compliance with international standards and to maintain the safety of air navigation. The State of Registry, in this case represented by CASA, must then ensure that all relevant aircraft are compliant with the ADs by the specified effective date. This includes conducting necessary inspections, repairs, or modifications to maintain the airworthiness of the aircraft in question.
Failure to comply with an AD can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance may be considered an offence, potentially leading to criminal charges. The Act also allows CASA to take regulatory action against operators who fail to adhere to ADs, which could include fines or other penalties. For example, in the case of Australian AD/S-PUMA/82, Amendment 1, which became effective on 13 August 2009, any aircraft operator failing to comply with the directive could face enforcement actions by CASA. The specific penalties for non-compliance are not detailed in the provided text but typically include substantial fines and possible suspension or revocation of the aircraft’s operating certificate.