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 2006-0252 affecting Eurocopter Dauphin 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/71, Amendment 1, which will become effective on 26 October 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, enacted by the Commonwealth Parliament, addresses the regulation and safety of civil aviation within Australia, ensuring that aviation activities are conducted in a manner that prioritises safety and compliance with international standards. The Act empowers the Governor-General to create regulations aimed at maintaining the safety of air navigation, which includes the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further specify the types of aircraft and aeronautical products subject to these directives, with subregulation 39.001(5) confirming that such directives are legislative instruments under the Acts Interpretation Act 1901. The policy objective of these regulations is to maintain and enhance the safety standards of aircraft operating within Australia, aligning with international conventions and obligations as stipulated in Annex 8 of the Convention on International Civil Aviation.
The issuance of airworthiness directives, such as the one issued by CASA in response to EASA’s AD 2006-0252, underscores the need for Australia to adhere to international safety standards while ensuring that the Australian Register of aircraft complies with both domestic and international regulatory requirements. This legislative framework ensures that the State of Registry, in this case CASA, effectively manages the continuing airworthiness of aircraft, thereby safeguarding public safety and maintaining the integrity of the national airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The application of this regulation is global, adhering to Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. For aircraft registered in Australia, CASA, as the national airworthiness authority, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements. This process is exemplified by the issuance of Australian AD/DAUPHIN/71, Amendment 1, in response to EASA's AD 2006-0252 for Eurocopter Dauphin model helicopters, reflecting Australia’s obligations under international aviation conventions. Notably, no public consultation is required for such ADs, and they do not necessitate a Regulatory Impact Statement.
Key Provisions
The key operative sections of this legislation, particularly as they pertain to the issuing of airworthiness directives, include sections 98 of the Civil Aviation Act 1988 and 39.001 of the Civil Aviation Safety Regulations 1998. Section 98 of the Act allows the Governor-General to make regulations for the purposes of the Act, which include ensuring the safety of air navigation. This is implemented through regulation 39.001, which specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for certain kinds of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that such directives are considered legislative instruments under the Legislative Instruments Act 2003, thereby giving them legal force.
The obligations imposed by the Act and the regulations on the parties and entities governed by them are significant. The State of Design, in this case France, has the primary responsibility for the continuing airworthiness of the Eurocopter Dauphin model helicopters, which includes providing any necessary information to the State of Registry, here being Australia. CASA, acting on behalf of Australia, must assess this information and, if necessary, issue a corresponding Australian airworthiness directive. This process ensures that the safety standards set by the State of Design are adopted and enforced within Australia, thereby maintaining the safety of air navigation.
Failure to comply with the requirements set out in an airworthiness directive can lead to various consequences. While the specific penalties for breaches of airworthiness directives are not detailed in the provided text, it is reasonable to infer that non-compliance could result in civil or criminal penalties under the broader framework of the Civil Aviation Act 1988 and related regulations. Such penalties could include fines, enforcement actions, or other regulatory measures designed to ensure adherence to safety standards. The seriousness of these potential consequences underscores the importance of compliance with airworthiness directives to maintain the safety and integrity of the aviation industry.