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/23 affecting Eurocopter SA365 Dauphin helicopters in 1989. 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 by the Australian Parliament, establishes the framework for civil aviation safety in Australia. This Act authorises the Governor-General to make regulations that ensure the safety of air navigation. Among these regulations are the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Such directives are critical for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The Act's policy objective is to enhance the safety of air navigation through effective regulation and oversight. CASA has the authority to issue and subsequently cancel ADs, as demonstrated by the cancellation of AD/DAUPHIN/23 for Eurocopter SA365 Dauphin helicopters, effective from 27 August 2009, due to the resolution of the original safety concern without the need for a replacement directive.
Scope and Application
The Civil Aviation Act 1988, as amended and supported by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve to maintain the continuing airworthiness of aircraft types, aligning with international standards set out in Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the airworthiness of an aircraft type, while the State of Registry ensures the airworthiness of individual aircraft. The AD/DAUPHIN/23, issued in 1989 for Eurocopter SA365 Dauphin helicopters, has been reviewed and cancelled by CASA, effective from 27 August 2009, due to the resolution of the initial unsafe condition. This cancellation reduces regulatory burden, and no public consultation or Regulatory Impact Statement was deemed necessary. The AD was issued by the Manager, Initial Airworthiness, within CASA's Airworthiness and Engineering Branch, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 provides the foundational legal framework within which the Civil Aviation Safety Regulations 1998 operate. Section 98 of the Act allows the Governor-General to issue regulations aimed at ensuring the safety of air navigation. Regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This means that the State of Design must provide all necessary information to ensure the continuing airworthiness of an aircraft type to the appropriate States of Registry. Similarly, the State of Registry is tasked with developing or adopting requirements to ensure the continuing airworthiness of individual aircraft. In practical terms, this means that both the State of Design and the State of Registry must collaborate to maintain safety standards and ensure compliance with regulatory requirements.
The Civil Aviation Safety Regulations 1998 also outline the consequences for non-compliance. While the text does not explicitly detail specific offences, penalties, or civil/criminal consequences for breaching an airworthiness directive, it is reasonable to infer that failure to comply with such directives could lead to severe repercussions. Given that ADs are legally binding instruments, non-compliance could result in civil penalties, such as fines, or even criminal charges, depending on the severity of the breach and its impact on safety. The precise penalties would be determined by the relevant aviation authority, but could include substantial financial penalties and potential criminal charges for those found in violation.
CASA's issuance and subsequent cancellation of AD/DAUPHIN/23 in 1989, which affected Eurocopter SA365 Dauphin helicopters, exemplifies the regulatory process. The AD was issued due to identified safety concerns, but has since been cancelled as the original unsafe condition no longer exists. This cancellation took effect on 27 August 2009, and no replacement AD was deemed necessary. The cancellation 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. Importantly, the cancellation did not require public consultation, as it was deemed to reduce the regulatory burden, and the Office of Best Practice Regulation determined that ADs do not require a Regulatory Impact Statement.