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 2008-0222-E affecting Eurocopter AS 332 series helicopters. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/S-PUMA/82, which will become effective on 23 December 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 acting Manager, Airframes and Structures, in the Airworthiness Engineering Group, 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 civil aviation in Australia, with a strong focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of aviation safety, and under section 98, the Civil Aviation Safety Regulations 1998 were established to provide detailed rules and standards. One critical aspect of these regulations is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001, which is necessary for maintaining the continuing airworthiness of aircraft and aeronautical products. The ADs, being legislative instruments, are subject to disallowance and review as per the Legislative Instruments Act 2003. The policy objective behind these regulations is to align with international standards, particularly those set by the International Civil Aviation Organization (ICAO), and to ensure that Australia meets its obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are issued in the interest of ensuring the safety of air navigation as mandated by the Civil Aviation Act 1988. An AD is a legislative instrument, as outlined in section 46A of the Acts Interpretation Act 1901 and further elaborated in the Legislative Instruments Act 2003. The ADs are crucial for maintaining the continuing airworthiness of aircraft, as per the obligations set by Annex 8 of the Convention on International Civil Aviation, with the State of Design having the primary responsibility for the airworthiness of an aircraft type. When such directives are issued by the State of Design, CASA, as Australia’s national airworthiness authority, is obligated to assess and, if necessary, issue corresponding Australian ADs to enforce the requirements of the State of Design on aircraft registered in Australia. This regulatory framework ensures that Australian aviation remains compliant with international safety standards.
Key Provisions
The Civil Aviation Act 1988, and specifically section 98, empowers the Governor-General to create regulations that serve the purposes of the Act and ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as a legislative instrument under section 6 of the Legislative Instruments Act 2003 and are also considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901.
The State of Design of an aircraft type holds overall responsibility for its continuing airworthiness, as outlined in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to States of Registry to ensure the aircraft's ongoing airworthiness. The State of Registry, on the other hand, is responsible for the continuing airworthiness of individual aircraft within its jurisdiction. CASA, as Australia's national airworthiness authority, must assess ADs issued by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements specified by the State of Design.
An example of this process is evident in the case of AD 2008-0222-E issued by the European Aviation Safety Agency (EASA) for Eurocopter AS 332 series helicopters. EASA, acting on behalf of France as the State of Design, issued this AD. CASA has subsequently assessed the directive and issued Australian AD/S-PUMA/82, which will come into effect on 23 December 2008. This Australian AD mandates compliance with the requirements set out by the State of Design, ensuring the continuing airworthiness of the affected helicopters registered in Australia.
Since 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, there was no requirement for public consultation on this AD. Furthermore, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was issued by the acting Manager, Airframes and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Under the Civil Aviation Safety Regulations 1998, there are specific obligations imposed on parties and entities governed by ADs. For instance, aircraft operators must adhere to the requirements stipulated in the ADs issued by CASA. Failure to comply with these directives can lead to enforcement actions, such as the suspension or revocation of an aircraft's airworthiness certificate. Additionally, aircraft owners and operators are obligated to ensure that their aircraft meet the specified maintenance and operational standards outlined in the ADs. CASA retains the authority to conduct inspections and audits to verify compliance with these requirements. Furthermore, entities involved in the manufacture or maintenance of aeronautical products must also comply with ADs that pertain to their products, ensuring they meet the safety standards set forth by CASA.