CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 DGAC has issued AD 84-151-23(B) affecting Eurocopter Model SA 365C aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DAUPHIN/19, Amendment 1, which will become effective on 9 June 2005. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head - Airframes, Airworthiness Standards Branch, Standards 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, addresses the need for stringent regulations to ensure the safety of air navigation. This Act provides the authority for the Governor-General to make regulations that serve the interests of air safety. One such regulation, made under section 98 of the Act, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various kinds of aircraft and aeronautical products as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. The objective of these ADs is to ensure the continuing airworthiness of aircraft types, aligning with international obligations under Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is tasked with issuing these directives when necessary, often in response to directives issued by the aircraft's State of Design. This process underscores the importance of international cooperation in maintaining aviation safety standards.
Scope and Application
The Civil Aviation Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance and are issued to ensure compliance with safety standards and international obligations under the Convention on International Civil Aviation. The ADs are critical in maintaining the continuing airworthiness of aircraft registered in Australia, as they are based on assessments of information provided by the State of Design, in this case, France for the Eurocopter Model SA 365C aircraft. CASA, as Australia's national airworthiness authority, evaluates this information and, if necessary, issues Australian ADs to enforce the requirements. The ADs are issued without public consultation, as they are not required to undergo a Regulatory Impact Statement process, and are made by designated CASA officials in line with the statutory provisions.
Key Provisions
The Civil Aviation Act 1988, and particularly section 98, empowers the Governor-General to make regulations necessary for the safety of air navigation. This authority is exercised under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs are designed to ensure the continuing airworthiness of aircraft and aeronautical products, which is crucial for maintaining safety standards. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, a legislative instrument as defined by the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant. The State of Design, which is responsible for the overall airworthiness of a specific aircraft type, must provide necessary information to ensure that the aircraft's airworthiness is maintained. This information is often communicated through ADs. Correspondingly, the State of Registry, which is responsible for the airworthiness of individual aircraft, must develop or adopt requirements to ensure that these directives are implemented and adhered to. In the context of Australia, CASA acts as the national airworthiness authority and must assess any ADs issued by the State of Design. If appropriate, CASA issues its own ADs to mandate the necessary requirements for aircraft registered in Australia.
Failing to comply with an airworthiness directive can lead to serious consequences. While the specific offences, penalties, and consequences for breach are not detailed in the provided text, it is clear that non-compliance with ADs could result in civil or criminal penalties under the Civil Aviation Act 1988. These penalties may include fines or other sanctions, depending on the severity of the non-compliance and its impact on aviation safety. The stringent nature of these directives underscores the importance of adhering to them to ensure the safety of air navigation.