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 United States has issued AD 2006-19-05 affecting HH-1, TH-1, UH-1 and SW204 and 205 helicopters. The United States is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/UH-1/19, 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, New Technologies and Systems, 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, as amended by the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. This Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) which are critical for maintaining the continuing airworthiness of aircraft. Section 98 of the Act allows the Governor-General to make regulations in the interest of safety, while regulation 39.001 specifically grants CASA the authority to issue ADs for particular types of aircraft or aeronautical products. The problem or gap addressed by this legislation is the need for a standardised mechanism to ensure that aircraft remain airworthy in accordance with international safety standards, particularly in response to directives issued by the State of Design. The Civil Aviation Act 1988 was enacted by the Australian Parliament, with the objective of ensuring that air navigation safety is upheld through effective regulation and oversight of civil aviation activities.
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 maintaining the safety of air navigation, as per section 98 of the Civil Aviation Act 1988. Each AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it qualifies as a legislative instrument according to section 6 of the Legislative Instruments Act 2003. The ADs are integral to the continuing airworthiness of aircraft types and are mandated by the State of Design, with Australia’s State of Registry being responsible for ensuring compliance with these directives. In the case of AD 2006-19-05 from the United States regarding specific helicopters, CASA issued Australian AD/UH-1/19, which aligns with Australia's obligations under the Convention on International Civil Aviation. The process for issuing such directives does not involve public consultation, and a Regulatory Impact Statement is deemed unnecessary by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Safety Regulations 1998 under section 39.001 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve to ensure that the aircraft or products remain airworthy, as per section 98 of the Civil Aviation Act 1988. This authority is exercised to maintain safety in air navigation as stipulated in the Act. Subregulation 39.001(5) further classifies ADs as disallowable instruments under the Acts Interpretation Act 1901, thus making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations under this legislation primarily rest with CASA, as the national airworthiness authority, to ensure compliance with the airworthiness directives issued by the State of Design. CASA must assess the ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce these requirements. The State of Registry, in this case, CASA, must ensure that the aircraft on the Australian Register meet the continuing airworthiness requirements as outlined in Annex 8 to the Convention on International Civil Aviation. This responsibility includes developing or adopting necessary requirements to ensure that the aircraft maintain their airworthiness.
Failure to comply with the airworthiness directives can lead to significant consequences. While specific offences are not detailed in the text, non-compliance with airworthiness regulations can result in penalties under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. These penalties can include fines and other sanctions that are determined by the relevant aviation authorities. The exact penalties would depend on the severity of the breach and the specific regulations that have been contravened. It is important for all parties involved to adhere strictly to the ADs to avoid these potential consequences.