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/20 affecting Eurocopter SA365 Dauphin helicopters in 1987. 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, enacted to regulate and ensure the safety of air navigation in Australia, provides the legal framework under which the Civil Aviation Safety Regulations 1998 operate. This regulatory structure allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) aimed at maintaining the safety and airworthiness of aircraft and aeronautical products, as outlined in regulation 39.001. These directives are legislative instruments that align with international standards, particularly those set by the International Civil Aviation Organization (ICAO), ensuring that both the State of Design and the State of Registry uphold their responsibilities for continuing airworthiness. The Act's provisions empower CASA to issue, amend, or cancel ADs, as necessary, to mitigate safety risks, and the cancellation of an AD, such as AD/DAUPHIN/20 affecting Eurocopter SA365 Dauphin helicopters, is conducted to eliminate regulatory burdens where the original safety concerns are no longer present.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, confer upon the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives (ADs) that pertain to specific types of aircraft or aeronautical products. These directives are instrumental in ensuring the continuing airworthiness of such aircraft, aligning with the obligations set forth in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design with overall responsibility for the airworthiness of an aircraft type. The State of Registry is also tasked with ensuring the continuing airworthiness of individual aircraft, in line with these international standards. The issuance and subsequent cancellation of an AD, such as the one affecting Eurocopter SA365 Dauphin helicopters, is conducted under the authority of the Civil Aviation Act 1988 and involves detailed regulatory processes, including the oversight of the Manager, Initial Airworthiness within CASA's Airworthiness and Engineering Branch. Notably, this regulatory action does not necessitate public consultation or a Regulatory Impact Statement, given that it results in a reduction of the regulatory burden and pertains to a legislative instrument that is disallowable under the Acts Interpretation Act 1901.
Key Provisions
The Civil Aviation Safety Regulations 1998 (Regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulatory measure is essential for maintaining the safety standards of air navigation as stipulated under section 98 of the Civil Aviation Act 1988. An airworthiness directive, as defined in subregulation 39.001(5), is categorised as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and recognised as a legislative instrument pursuant to section 6 of the Legislative Instruments Act 2003.
The obligations under these regulations are multifaceted. The State of Design, which is the country where the aircraft type is designed, bears the overall responsibility for the continuing airworthiness of the aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This entails providing any necessary information to ensure the airworthiness of the aircraft type to the appropriate States of Registry. Conversely, the State of Registry, which is the country where the individual aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. These obligations ensure a comprehensive approach to maintaining airworthiness standards across different jurisdictions.
There are specific consequences for non-compliance with the provisions of these regulations. Any breach of the Civil Aviation Safety Regulations 1998 could lead to civil or criminal penalties, although the specific penalties are not detailed in the text. However, given the critical nature of airworthiness directives in ensuring flight safety, violations could result in severe repercussions, including fines and imprisonment. The precise penalties would depend on the nature and severity of the breach, but they are intended to enforce strict adherence to the safety standards set forth by the Civil Aviation Act 1988.
In the context of the AD/DAUPHIN/20, issued in 1987 concerning Eurocopter SA365 Dauphin helicopters, CASA has decided to cancel this directive as the original unsafe condition no longer exists. This decision was 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. The cancellation, which will become effective on 27 August 2009, does not require a replacement AD as the unsafe condition has been resolved. Furthermore, no consultation with the Australian public was necessary, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, given the reduction in regulatory burden resulting from this cancellation.