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 Emergency AD 2009-0087-E 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/84, which will become effective on 15 April 2009.
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, Systems and New Technologies 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 regulate and ensure the safety and efficiency of civil aviation within Australia. One significant component of this Act is the authority it grants for the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, ensuring that the continuing airworthiness of aircraft is maintained. This legislative framework was developed to address the need for standardised and enforceable measures to maintain the safety of air navigation, aligning with international standards set by the Convention on International Civil Aviation, specifically Annex 8. The Civil Aviation Act 1988 is enacted by the Parliament of Australia, aiming to safeguard the public by ensuring that all civil aviation activities are conducted with the highest standards of safety. The issuance of ADs under this Act allows the Civil Aviation Safety Authority (CASA) to mandate necessary actions and compliance, thereby fulfilling Australia's obligations under international civil aviation agreements.
Scope and Application
The Civil Aviation Safety Regulations 1998, which fall 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. This authority is exercised to ensure the safety of air navigation, as mandated by section 98 of the Act. The ADs, which are legislative instruments under the Legislative Instruments Act 2003, are primarily a means for states to communicate continuing airworthiness information as required by Annex 8 to the Convention on International Civil Aviation. In the case of Australian-registered aircraft, CASA is responsible for evaluating foreign ADs issued by the State of Design and, where necessary, issuing corresponding Australian ADs to maintain airworthiness standards. For instance, in response to an Emergency AD issued by the European Aviation Safety Agency concerning Eurocopter AS 332 helicopters, CASA issued Australian AD/S-PUMA/84, effective from 15 April 2009. Given that these ADs arise from international obligations and are based on directives from the relevant State of Design, they are not subject to public consultation, and the Office of Regulatory Review has determined that they do not require a Regulatory Impact Statement. The ADs are issued by the Manager, Systems and New Technologies within CASA's Airworthiness Engineering Group, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, grants the Governor-General the authority to enact regulations that ensure the safety of air navigation. This authority is exercised through the Civil Aviation Safety Regulations 1998, where regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations under these provisions require CASA, as the national airworthiness authority, to ensure the continuing airworthiness of aircraft registered in Australia. Specifically, when the State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the directive and, if deemed necessary, issue an Australian AD to enforce the requirements. This process ensures that Australian aircraft meet international standards for safety and airworthiness. Additionally, the State of Registry must develop or adopt requirements that align with international obligations under Annex 8 of the Convention on International Civil Aviation, ensuring that all aircraft registered within their jurisdiction remain airworthy.
Breaching the requirements set forth by an AD could lead to serious consequences. While the Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences, penalties, or civil/criminal consequences for non-compliance with ADs, failure to adhere to these directives can result in significant safety risks. The overarching regulatory framework of the Civil Aviation Act 1988 imposes stringent safety standards, and non-compliance can lead to enforcement actions, including fines and potential criminal charges for operators who fail to comply with mandatory safety directives. The gravity of such breaches is underscored by the potential for severe penalties, reflecting the critical importance of adhering to airworthiness directives to maintain the safety and integrity of air navigation.