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. 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 EASA has issued AD 2007-0129 affecting Eurocopter AS 365 N, N1 and N2 helicopters. The EASA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DAUPHIN/46, Amendment 2, which will become effective on 5 July 2007. 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 Acting Manager, Airframes, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing various aspects such as safety, security, and efficiency. This legislation empowers the Governor-General to create regulations that align with the Act's objectives, particularly focusing on the safety of air navigation. The Civil Aviation Safety Regulations 1998, established under this Act, further delineate specific requirements and procedures, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments that mandate compliance with continuing airworthiness standards, ensuring that aircraft meet necessary safety criteria.
The introduction of ADs is driven by international obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design maintain overall responsibility for the continuing airworthiness of aircraft types. When the European Aviation Safety Agency (EASA) issues an AD, CASA, acting as Australia's national airworthiness authority, must evaluate the directive and, if appropriate, issue a corresponding Australian AD. This process underscores the collaborative nature of international aviation safety and ensures that Australian-registered aircraft meet globally recognised safety standards.
Scope and Application
The Civil Aviation Act 1988, through the Civil Aviation Safety Regulations 1998, applies to the issuance of airworthiness directives (ADs) for specific types of aircraft and aeronautical products, ensuring the continuing airworthiness of aircraft registered in Australia. This legislative framework mandates that the Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, must assess information from the State of Design and, if necessary, issue Australian ADs to enforce the requirements of the State of Design. These directives, which are legislative instruments under the Legislative Instruments Act 2003, are issued in accordance with Australia's obligations under the Convention on International Civil Aviation. The ADs do not require public consultation or a Regulatory Impact Statement, as they are developed in response to international safety directives and do not necessitate additional public input. The ADs are applicable to the geographic jurisdiction of Australia and extend to all aircraft types registered within the country, ensuring compliance with international standards of airworthiness.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. This regulatory authority is exercised through the Civil Aviation Safety Regulations 1998, under regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. Such directives are essential tools for maintaining the airworthiness of aircraft and are considered legislative instruments under subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. This legislative framework ensures that ADs are formally recognised and enforceable instruments in the context of aviation safety.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose specific duties on both the State of Design and the State of Registry. The State of Design, which is the State where the aircraft type was designed, has the primary responsibility for the continuing airworthiness of the aircraft type, including the obligation to provide necessary information to the State of Registry, which is the State where the aircraft is registered. CASA, as Australia’s national airworthiness authority, must review any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to ensure compliance with international standards and local regulations. This dual responsibility ensures that safety standards are uniformly applied and maintained across all jurisdictions.
Failure to comply with airworthiness directives can result in significant legal consequences. While specific offences and penalties are not detailed in the provided text, non-compliance with ADs typically leads to severe civil or criminal penalties under the relevant aviation legislation. These penalties may include fines, suspension or revocation of airworthiness certificates, and in more severe cases, imprisonment. The exact penalties depend on the nature and severity of the non-compliance, but they are designed to enforce adherence to safety standards rigorously. Compliance with ADs is critical, as they are integral to maintaining the safety and airworthiness of aircraft operating within Australian airspace.