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 issued AD 2006-0078, affecting Eurocopter AS 365 series helicopters. France is the State of Design for this type. CASA has amended the equivalent Australian AD to reflect the new requirements of the State of Design AD. The amended Australian AD, AD/DAUPHIN/63 Amendment 1, will become effective on 8 June 2006. 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 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 legal framework for ensuring the safety of civil aviation in Australia, including the regulation of aircraft and aeronautical products. In 1998, the Civil Aviation Safety Regulations were introduced to further detail the requirements and procedures necessary for maintaining airworthiness, among other safety measures. One such measure involves the issuance of airworthiness directives (ADs), which are legislative instruments made by the Civil Aviation Safety Authority (CASA) to address safety issues with specific aircraft or aeronautical products. These directives are issued under the authority granted by section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. This recent AD, issued by CASA, responds to an AD from the European Aviation Safety Agency concerning Eurocopter AS 365 series helicopters, reflecting the State of Design's responsibility for continuing airworthiness as outlined in Annex 8 to the Convention on International Civil Aviation. Given the international nature of these obligations and the direct response to a State of Design directive, no public consultation was deemed necessary, and the AD was prepared in accordance with relevant legislative provisions.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations for this purpose, with regulation 39.001 specifically allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs, being legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, are critical for maintaining the continuing airworthiness of aircraft registered in Australia. The State of Registry, in this case CASA, must ensure these aircraft comply with the ADs issued by the State of Design, which in this instance is France for the Eurocopter AS 365 series helicopters. The ADs serve as a mechanism to enforce international civil aviation standards and obligations under the Convention on International Civil Aviation, without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is a legislative instrument as per section 6 of the Legislative Instruments Act 2003. When CASA issues an AD, it mandates certain requirements for the continuing airworthiness of aircraft registered in Australia. This is done in accordance with Australia’s obligations under the Convention on International Civil Aviation, specifically Annex 8, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of aircraft types and the State of Registry the responsibility for the airworthiness of individual aircraft.
These ADs impose specific obligations on the entities they govern. The State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type, while the State of Registry is tasked with developing or adopting requirements to ensure airworthiness. For Australia, CASA is the national airworthiness authority and must assess any AD issued by a State of Design against Australian registered aircraft. If necessary, CASA must issue a corresponding Australian AD to enforce the requirements outlined by the State of Design. The AD in question, AD/DAUPHIN/63 Amendment 1, issued in response to EASA’s AD 2006-0078 concerning Eurocopter AS 365 series helicopters, is an example of this process.
Failure to comply with ADs can result in serious consequences. Non-compliance with the requirements set out in an AD can lead to enforcement actions under the Civil Aviation Act 1988. These actions can include fines and other penalties as stipulated by the Act. The exact penalties can vary, but they are designed to ensure that airworthiness standards are upheld to maintain the safety of air navigation. Given the critical nature of these directives, CASA enforces compliance rigorously to avoid any risk to public safety.
In summary, the ADs issued under the Civil Aviation Safety Regulations 1998 play a crucial role in ensuring the continuing airworthiness of aircraft registered in Australia. They mandate specific requirements based on international standards and the directives of the relevant State of Design. Compliance with these ADs is mandatory, and failure to adhere to them can result in significant penalties, reinforcing the importance of maintaining high safety standards in aviation.