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 European Aviation Safety Authority (EASA) has issued AD 2006-0101 affecting Eurocopter SA 365 and AS 365 model helicopters. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DAUPHIN/68, Amendment 2, which will become effective on 5 June 2008. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, 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 the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation and the continuing airworthiness of aircraft. One of the key mechanisms under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that address specific safety issues related to aircraft types registered in Australia, and they are crucial for maintaining the safety standards required under international conventions such as Annex 8 to the Convention on International Civil Aviation. The policy objective is to ensure that all aircraft within Australia meet the necessary safety standards, reflecting Australia’s obligations to the international community and the principles of continuing airworthiness. The ADs are issued in response to directives from the State of Design or other relevant authorities, and in the case of AD/DAUPHIN/68, Amendment 2, CASA issued this directive in accordance with Australia’s obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under section 98 of the Civil Aviation Act 1988, provide the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. These ADs apply to specific kinds of aircraft or aeronautical products registered in Australia and are designed to maintain the continuing airworthiness of these aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, is tasked with ensuring the ongoing compliance of aircraft with these directives. The ADs issued by CASA, such as AD/DAUPHIN/68, Amendment 2, are mandatory and replace any previous directives, becoming effective as specified. Notably, these ADs do not require public consultation or a Regulatory Impact Statement as they are a direct response to international obligations and directives issued by the State of Design, in this instance, France for the Eurocopter SA 365 and AS 365 model helicopters. The ADs are legislative instruments as defined by the Legislative Instruments Act 2003 and are issued by CASA in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998 (section 39.001) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. An AD is a legislative instrument under section 6 of the Legislative Instruments Act 2003 and can be disallowed under section 46A of the Acts Interpretation Act 1901. In this context, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must share necessary information to ensure this with the States of Registry, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in turn, must develop or adopt requirements to maintain the continuing airworthiness of registered aircraft.
Under the Civil Aviation Act 1988, CASA is mandated to assess ADs issued by States of Design and, if deemed appropriate, issue Australian ADs to enforce the requirements for aircraft on the Australian Register. For example, the European Aviation Safety Authority (EASA) issued AD 2006-0101 for Eurocopter SA 365 and AS 365 model helicopters, representing the State of Design, France. CASA evaluated this directive and issued Australian AD/DAUPHIN/68, Amendment 2, effective from 5 June 2008, which replaces the previous directive. This process underscores Australia’s commitment to international standards and the safety of air navigation.
The obligations imposed by the AD include adherence to the specified requirements for maintaining the airworthiness of the affected aircraft. Operators must comply with the new maintenance schedules, inspections, and modifications outlined in the AD to ensure the safety of their aircraft. Failure to comply with these requirements could result in serious safety risks and potential regulatory action. CASA has the authority to enforce compliance through inspections, audits, and penalties for non-compliance.
In terms of consequences, breaches of ADs can lead to significant civil and criminal penalties. The Civil Aviation Act 1988 and associated regulations empower CASA to impose fines, suspend or revoke air operator certificates, and take other enforcement actions against non-compliant operators. The maximum penalties can vary depending on the severity of the breach and may include substantial fines or imprisonment for serious violations. Ensuring compliance with ADs is critical to maintaining the high safety standards required in civil aviation.