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.
CASA issued AD/DAUPHIN/2 affecting Eurocopter SA365 Dauphin helicopters in 1979. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 27 August 2009. No replacement AD is required as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Initial Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive regulatory framework for civil aviation safety and efficiency in Australia, addressing the need for stringent oversight and standards in air navigation and aircraft operations to ensure public safety. This Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998, to maintain the safety of air navigation. The Civil Aviation Safety Regulations 1998 further delegate authority to the Civil Aviation Safety Authority (CASA) to issue ADs, which are legislative instruments subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The objective of these regulations is to ensure that aircraft and aeronautical products maintain their airworthiness, aligning with international standards set by the Convention on International Civil Aviation. The Act and its regulations collectively aim to uphold high safety standards and facilitate efficient air navigation within Australia and its territories.
Scope and Application
The Civil Aviation (Safety) Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulation is enacted under section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations in the interest of the safety of air navigation. ADs serve as a critical means of ensuring the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry under Annex 8 to the Convention on International Civil Aviation. The AD in question, AD/DAUPHIN/2, originally issued in 1979 for Eurocopter SA365 Dauphin helicopters, has been reviewed and subsequently cancelled by CASA, effective 27 August 2009. This cancellation, which does not necessitate a replacement AD due to the elimination of the original unsafe condition, has been determined not to require public consultation or a Regulatory Impact Statement by the Office of Best Practice Regulation. The decision to cancel the AD reflects a reduction in regulatory burden, and the AD was issued by the Manager, Initial Airworthiness, in the Airworthiness and Engineering Branch of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation (Safety) Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated under regulation 39.001. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments pursuant to section 6 of the Legislative Instruments Act 2003. This regulatory framework is designed to ensure the continuing airworthiness of aircraft, a responsibility that rests primarily with the State of Design, which must provide necessary information to States of Registry as outlined in Annex 8 to the Convention on International Civil Aviation.
Under the Civil Aviation Safety Regulations 1998, ADs serve as a critical mechanism for maintaining the safety standards of aircraft. The State of Registry, which is responsible for the individual aircraft's airworthiness, must develop or adopt requirements to ensure these standards are met. This regulatory environment is intended to provide a consistent and internationally recognised approach to managing the safety of aircraft in operation.
In the specific case of AD/DAUPHIN/2, issued by CASA in 1979 for Eurocopter SA365 Dauphin helicopters, CASA has reviewed the directive and decided to cancel it, effective from 27 August 2009. This decision is based on the fact that the original unsafe condition addressed by the AD no longer exists, thus eliminating the need for a replacement AD. As the cancellation leads to a reduction in the regulatory burden, no consultation with the Australian public was deemed necessary, and the Office of Best Practice Regulation has concluded that a Regulatory Impact Statement is not required for ADs.
The AD cancellation was made by the Manager, Initial Airworthiness, in the Airworthiness and Engineering Branch of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This action underscores CASA's commitment to maintaining the highest safety standards while ensuring that regulations are efficient and effective.
Failure to comply with ADs can result in significant civil and criminal consequences. For instance, under section 58 of the Civil Aviation Act 1988, operating an aircraft contrary to an AD may lead to substantial fines, imprisonment, or both. The maximum penalties include fines of up to $500,000 and imprisonment for up to five years for individuals, and higher penalties for corporations. These stringent measures reflect the importance of adhering to ADs in maintaining the safety and airworthiness of aircraft in Australia.