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 French DGAC has issued AD 1998-288-042(A) R1 affecting SA 315 model helicopters. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/SA 315/6, which will become effective on 23 November 2006.
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, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of the significant legislative instruments under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This authority stems from section 98 of the Act, which allows the Governor-General to create regulations for the safety of air navigation. The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, further empower CASA to issue ADs for specific kinds of aircraft or aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. The policy objective behind issuing ADs is to ensure the continuing airworthiness of aircraft, aligning with international obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design provides necessary information for airworthiness. When an AD is issued by a State of Design, CASA is required to assess and, if necessary, issue a corresponding Australian AD to ensure compliance and safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 apply to any person or entity involved in civil aviation within Australia, including aircraft operators, manufacturers, and maintenance service providers. This regulation is specifically concerned with the issuance of airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft. The Act and its regulations extend across the Commonwealth of Australia and are in line with the standards set by the International Civil Aviation Organization (ICAO). The ADs are legislative instruments and can be issued by the Civil Aviation Safety Authority (CASA) in response to ADs issued by the State of Design, which in this case is France for the SA 315 model helicopters. The ADs do not require consultation with the Australian public and are not subject to a Regulatory Impact Statement, as they are integral to fulfilling international obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide the framework through which airworthiness directives (ADs) are issued to ensure the safety of aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations, including ADs, to promote the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. Section 39.001(5) further clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments as defined by section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are integral to the continuing airworthiness of aircraft, a responsibility that falls primarily on the State of Design for the aircraft type. According to Annex 8 to the Convention on International Civil Aviation, the State of Design must provide necessary information to ensure that the aircraft type can maintain airworthiness. States of Registry, such as Australia, are then required to develop or adopt measures to ensure that individual aircraft meet these continuing airworthiness standards. When a State of Design issues an AD, the State of Registry must assess this information and, if appropriate, issue a corresponding AD. For example, CASA has issued Australian AD/SA 315/6 in response to the French DGAC’s AD 1998-288-042(A) R1, which affects SA 315 model helicopters.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 have specific obligations under the legislation. CASA, as Australia's national airworthiness authority, is obligated to assess any ADs issued by States of Design and determine if they need to issue corresponding ADs for aircraft on the Australian Register. Additionally, States of Registry must develop or adopt requirements to ensure that individual aircraft meet continuing airworthiness standards. This includes the implementation of any ADs issued by the relevant State of Design.
Breaches of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 can lead to various civil and criminal consequences. While the specific penalties are not detailed in the provided text, the Act and Regulations likely encompass provisions for fines, imprisonment, or other penalties for non-compliance with airworthiness directives. The seriousness of aviation safety means that penalties could be significant, reflecting the high stakes involved in ensuring the safety of air navigation. The legislative framework underscores the importance of adhering to ADs to prevent accidents and ensure public safety.