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 2009-0162 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/86, which will become effective on 3 August 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Future Technology and Regulatory Trends in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was introduced to regulate civil aviation in Australia and ensure the safety of air navigation. The Act provides the authority for the Civil Aviation Safety Regulations 1998, under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to maintain the safety and airworthiness of aircraft. In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design has the responsibility for the continuing airworthiness of an aircraft type, and CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements. The ADs are considered legislative instruments and are issued without public consultation as they are in response to international obligations and requirements set forth by the relevant State of Design.
Scope and Application
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products to ensure the safety of air navigation. These directives are integral to maintaining the continuing airworthiness of aircraft and are mandated under Annex 8 of the Convention on International Civil Aviation. An AD is a legislative instrument, which means it carries the force of law and must be assessed and, if appropriate, issued by CASA when an AD is raised by the State of Design, such as the European Aviation Safety Authority (EASA) for Eurocopter AS 332 model aircraft. In this instance, CASA issued Australian AD/S-PUMA/86 in response to EASA’s AD 2009-0162. This AD applies to the State of Registry, in this case Australia, and mandates compliance with the safety directives established by the State of Design. Given that ADs are issued pursuant to international obligations and do not require consultation or a Regulatory Impact Statement, they are not subject to public consultation processes, thereby streamlining the implementation of necessary safety measures.
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 types of aircraft or aeronautical products. These directives are crucial in ensuring the ongoing airworthiness of aircraft and are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003. Specifically, regulation 39.001(5) stipulates that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. This mechanism allows CASA to mandate specific requirements to maintain the safety and airworthiness of aircraft registered in Australia, aligning with international standards set by the Convention on International Civil Aviation.
The obligations imposed by these regulations are significant for both CASA and aircraft operators. CASA must rigorously assess any AD issued by the State of Design, which in this case is France through the European Aviation Safety Authority (EASA). If deemed necessary, CASA issues corresponding Australian ADs, such as AD/S-PUMA/86, to enforce the required safety measures. Aircraft operators, on the other hand, are obligated to comply with these directives, ensuring that their aircraft meet the specified safety standards. Failure to adhere to these directives can result in severe consequences, including the grounding of affected aircraft until compliance is achieved.
Non-compliance with airworthiness directives can lead to serious legal repercussions. Under section 98 of the Civil Aviation Act 1988, breaches of these regulations may result in civil or criminal penalties. The severity of these penalties can vary, but they may include substantial fines and, in more severe cases, imprisonment. The exact penalties are determined by the nature and extent of the breach, with maximum penalties being specified in the relevant sections of the Act and accompanying regulations. These provisions underscore the importance of strict adherence to airworthiness directives to ensure the safety of air navigation and the well-being of passengers and crew.