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 2009-0122 affecting various Eurocopter France model helicopters. EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/SUPP/18, Amendment 1, which will become effective on
24 June 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, Airframes & 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, enacted by the Australian Parliament, was designed to regulate civil aviation within Australia, ensuring the safety and efficiency of air navigation. It empowers the Governor-General to create regulations aimed at maintaining the safety of air navigation. One such regulation is detailed in the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are critical for maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Registry under the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, evaluates directives issued by the State of Design and, if necessary, issues corresponding Australian ADs to enforce compliance with international standards. This legislative framework ensures that Australian aviation remains aligned with global safety standards, as demonstrated by CASA's recent issuance of an Australian AD in response to an EASA directive for Eurocopter France model helicopters.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft and aeronautical products. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are integral to ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of an aircraft type, while the State of Registry must implement the continuing airworthiness requirements. In Australia, CASA issues corresponding ADs following assessments of directives from the State of Design, such as the European Aviation Safety Authority’s AD 2009-0122 concerning Eurocopter France model helicopters. These directives are issued without public consultation, as they stem from international obligations and are based on assessments by CASA, specifically by the Manager, Airframes & Structures in the Airworthiness Engineering Group.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001, which are binding instruments designed to maintain the airworthiness of aircraft and aeronautical products. These directives are mandated by section 98 of the Civil Aviation Act 1988, reflecting the overarching legislative intent to ensure the safety of air navigation. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is recognised as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these ADs primarily rest on the State of Design, which is responsible for ensuring the continuing airworthiness of an aircraft type. The State of Design must provide necessary information to the States of Registry to maintain airworthiness. For Australia, CASA acts as the national airworthiness authority and must assess any ADs issued by the State of Design, such as the European Aviation Safety Authority (EASA) for certain Eurocopter France helicopters, and subsequently issue corresponding Australian ADs as necessary. The State of Registry is also obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction.
Failure to comply with the requirements of an AD can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance can be considered an offence, subjecting individuals or entities to both civil and criminal penalties. The exact penalties can vary depending on the severity and nature of the breach, but they may include fines, imprisonment, or both. The specific maximum penalties are not detailed in the provided text but are typically stipulated in the relevant sections of the Civil Aviation Act 1988 and associated regulations. It is essential for all stakeholders, including aircraft operators and maintenance personnel, to adhere strictly to the directives to avoid these potential repercussions.