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/30 affecting Eurocopter SA365 Dauphin helicopters in 1991. 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 ensure the safety of air navigation, empowers the Governor-General to create regulations, which include the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments as defined by the Legislative Instruments Act 2003. The Civil Aviation Act 1988, in conjunction with the Convention on International Civil Aviation, places the responsibility for the continuing airworthiness of aircraft on the State of Registry and the State of Design, respectively. CASA has the authority to issue ADs to address specific safety concerns and ensure compliance with airworthiness standards. The policy objective behind this legislation is to enhance the safety of air navigation by providing clear, enforceable directives that address identified safety issues in aircraft and aeronautical products.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation in Australia, encompassing various entities, industries, and types of conduct related to air navigation and aircraft operation. Specifically, the Act empowers the Governor-General to create regulations for the safety of air navigation, as per section 98. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, as outlined in regulation 39.001. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve to maintain the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The jurisdiction of the ADs extends to aircraft registered in Australia, and the State of Registry is responsible for ensuring compliance with these directives. The AD/DAUPHIN/30, which was issued in 1991 for Eurocopter SA365 Dauphin helicopters and subsequently cancelled, exemplifies the application of these regulations, reflecting CASA's role in maintaining aviation safety standards.
Key Provisions
The primary operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations empowers CASA to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, rendering them legislative instruments in accordance with the Legislative Instruments Act 2003.
These regulations impose several obligations on the parties involved. The State of Design, which refers to the country where an aircraft is designed, has a responsibility under Annex 8 to the Convention on International Civil Aviation to ensure the continuing airworthiness of the aircraft type. This includes providing necessary information to the States of Registry. The State of Registry, which is the country where an aircraft is registered, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft as per Annex 8. CASA, acting on behalf of the State of Registry, has the authority and responsibility to issue ADs to address specific safety concerns and ensure compliance with airworthiness standards.
Failure to comply with ADs can lead to serious consequences. While the specific offences and penalties for non-compliance are not detailed in the provided text, it is reasonable to infer that non-compliance with airworthiness directives could result in both civil and criminal penalties. Civil penalties might include fines, while criminal penalties could involve imprisonment, depending on the severity of the non-compliance and its impact on aviation safety. The text does not provide specific maximum penalties, but such details would typically be found in the relevant sections of the Civil Aviation Act 1988 or subsequent regulations.
In the specific case of AD/DAUPHIN/30 affecting Eurocopter SA365 Dauphin helicopters, CASA decided to cancel the AD issued in 1991. The cancellation, effective from 27 August 2009, was based on the determination that the original unsafe condition no longer existed. This cancellation reduces the regulatory burden, and as such, no consultation with the Australian public was required. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was issued by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch, in accordance with subsection 84A(2) of the Act.