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 2007-0288-E affecting Eurocopter Dauphin model helicopters. EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DAUPHIN/94, which will become effective on 21 November 2007.
AD/DAUPHIN/94 supersedes AD/DAUPHIN/74 which will be cancelled on 21 November 2007.
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 Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to regulate civil aviation safety, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments made under the authority of the Governor-General, in accordance with section 98 of the Act. The Civil Aviation Safety Regulations 1998 provide the framework for the issuance of ADs to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8. The policy objective is to maintain and enhance the safety of air navigation by ensuring aircraft meet the necessary airworthiness standards, both domestically and internationally. The Civil Aviation (Safety) Amendment Regulations 2007, which include AD/DAUPHIN/94, were made by CASA to address specific safety concerns raised by the State of Design, in this case, the European Aviation Safety Authority on behalf of France.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under the authority of the Civil Aviation Act 1988, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These directives are legislative instruments that mandate specific requirements to ensure the continuing airworthiness of aircraft registered in Australia. In line with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must supply necessary information to the States of Registry. CASA, as Australia’s national airworthiness authority, is required to assess this information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design. For instance, following the European Aviation Safety Authority’s issuance of AD 2007-0288-E concerning Eurocopter Dauphin model helicopters, CASA issued Australian AD/DAUPHIN/94, which supersedes the previous AD/DAUPHIN/74 and will take effect on 21 November 2007. Given that this AD is issued in response to an international directive and does not require consultation of the Australian public, it has not undergone a Regulatory Impact Statement process. The AD is made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, establish a framework for the issuance of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation, while regulation 39.001 of the accompanying regulations permits the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This regulatory mechanism is crucial in maintaining the safety standards set forth by the Convention on International Civil Aviation (Annex 8), which places the responsibility for continuing airworthiness on the State of Design and the State of Registry of the aircraft.
These regulations impose specific obligations on CASA and other entities involved in aviation. CASA, as Australia’s national airworthiness authority, is mandated to assess information from the State of Design and issue corresponding ADs to ensure compliance with international safety standards. For instance, when the European Aviation Safety Authority (EASA) issues an AD for a particular aircraft type, CASA must review and, if necessary, issue an Australian AD. This ensures that aircraft registered in Australia meet the required safety standards. The State of Design, such as France for Eurocopter Dauphin model helicopters, is responsible for providing necessary information to maintain airworthiness, while the State of Registry ensures that each aircraft continues to meet airworthiness criteria.
Failure to comply with the provisions outlined in the ADs can lead to serious consequences. Under section 100 of the Civil Aviation Act 1988, non-compliance with an AD can result in civil penalties, including fines and potential criminal charges for more severe infractions. The exact penalties are determined by the severity of the breach and are subject to the discretion of the court. Additionally, operators who fail to adhere to ADs risk grounding their aircraft, which can have significant operational and financial repercussions. These stringent measures underscore the importance of adhering to the airworthiness directives to maintain the safety and integrity of the aviation industry.
The legislative instruments, such as AD/DAUPHIN/94, are subject to specific procedural requirements. For example, as stated in the Explanatory Statement, ADs do not require public consultation or a Regulatory Impact Statement, given their international obligations and the nature of their issuance. The AD is made by an authorised officer within CASA, in accordance with the Act, ensuring that the regulatory process is both efficient and responsive to international safety standards. This streamlined process allows for timely implementation of safety measures without unnecessary delays.