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/77 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 was enacted to provide a framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Under this Act, the Governor-General is empowered to make regulations to further the interests of aviation safety, including the issuance of airworthiness directives (ADs) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that mandate specific requirements to maintain the airworthiness of aircraft and aeronautical products. The Civil Aviation (Safety) Regulations 1998 further elaborate on the process by which such ADs can be issued, and these are typically issued in response to international obligations under the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design as having overall responsibility for the continuing airworthiness of an aircraft type.
In this context, the Civil Aviation Safety Authority (CASA) is responsible for ensuring that Australian aircraft meet continuing airworthiness standards, which involves assessing and, if necessary, issuing ADs based on directives from the relevant State of Design. For instance, following the issuance of an AD by the European Aviation Safety Authority (EASA) for Eurocopter Dauphin model helicopters, CASA issued Australian AD/DAUPHIN/94, which superseded the previous directive AD/DAUPHIN/77. This regulatory process is conducted under the authority of the Act and ensures that Australian aviation remains compliant with international safety standards. The ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The application of this Act and its regulations is primarily focused on the continuing airworthiness of aircraft registered in Australia, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, typically the country where the aircraft type is designed, is responsible for providing necessary information to ensure airworthiness, while the State of Registry, in this case Australia, must implement these requirements through ADs. For instance, CASA has issued AD/DAUPHIN/94 in response to an AD issued by the European Aviation Safety Authority (EASA) for Eurocopter Dauphin model helicopters. This AD, which supersedes AD/DAUPHIN/77, is a direct result of Australia's obligations under international aviation conventions and does not require public consultation or a Regulatory Impact Statement. The AD is issued by CASA under the authority granted by the Civil Aviation Act 1988.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, as discussed in the explanatory statement, revolve around the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 specifically empowers CASA to issue ADs for types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under the Acts Interpretation Act 1901, and as such, they are legislative instruments under the Legislative Instruments Act 2003.
The obligations and requirements imposed by these provisions involve both the State of Design and the State of Registry. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the responsibility to ensure the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. The State of Registry, in turn, is obligated to develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. When an AD is issued by the State of Design, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian aircraft meet international safety standards.
Failure to comply with ADs can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to both civil and criminal penalties. Civil penalties may include fines and other administrative sanctions, while criminal penalties can include imprisonment, depending on the severity of the breach and the discretion of the court. Additionally, failure to comply with an AD can lead to the grounding of aircraft, which can have serious safety and operational implications for aviation operators.
It is worth noting that the issuance of AD/DAUPHIN/94 by CASA follows the AD 2007-0288-E issued by the European Aviation Safety Authority (EASA) for Eurocopter Dauphin model helicopters. Given that this AD is issued in response to international obligations and the AD by the relevant State of Design, no public consultation was required, and a Regulatory Impact Statement was deemed unnecessary by the Office of Best Practice Regulation. The AD was 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. This highlights the procedural adherence to legislative and regulatory frameworks in ensuring the safety and airworthiness of aircraft in Australia.