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 2006-0080, 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/79 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, enacted by the Commonwealth Parliament, serves to regulate civil aviation in Australia, with the overarching aim of ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to establish regulations that contribute to the safety of air navigation, as detailed in section 98. Complementing this, the Civil Aviation Safety Regulations 1998, which were also made by the Governor-General under the authority of the Act, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products through regulation 39.001. These directives are legislative instruments as defined under the Legislative Instruments Act 2003. The ADs are intended to ensure the continuing airworthiness of aircraft, aligning with the responsibilities of the State of Design and the State of Registry under Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, plays a crucial role in implementing these international standards domestically, thereby fulfilling Australia's obligations under the Convention.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, as amended by this legislative instrument, apply to all aircraft registered in Australia, which encompasses any aircraft with an Australian Certificate of Registration, and to aeronautical products manufactured, maintained, or repaired within Australian territory. The Act and its regulations extend across the Commonwealth of Australia and pertain to any person or entity engaged in the operation, maintenance, or repair of civil aircraft or aeronautical products. This includes aircraft operators, manufacturers, maintenance organisations, and other aviation industry participants. The scope of the regulations ensures compliance with international standards set by the International Civil Aviation Organization (ICAO) and mandates the continuing airworthiness of aircraft through the issuance of airworthiness directives. Exemptions or exclusions from these regulations are not broadly stated within the scope of this directive but may be specified in other parts of the Civil Aviation Act 1988 or related regulations. The application of these regulations is further extended through subordinate instruments, which may provide additional specific requirements or clarifications necessary for the enforcement of airworthiness standards.
Key Provisions
The main operative sections of this legislation pertain to the issuance and enforcement of airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. According to these provisions, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products, ensuring the continuing airworthiness of such aircraft in alignment with international standards. These ADs serve as legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The most recent AD, AD/DAUPHIN/79 Amendment 1, addresses the Eurocopter AS 365 series helicopters, reflecting the requirements issued by France, the State of Design.
The obligations imposed by this Act and the associated regulations are significant. CASA, as Australia's national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. The State of Registry, which in this context is Australia, is mandated to develop or adopt the necessary requirements to ensure the continuing airworthiness of aircraft. The AD/DAUPHIN/79 Amendment 1, which becomes effective on 8 June 2006, mandates compliance with the new requirements set by the State of Design, thereby ensuring that all relevant aircraft meet the updated safety standards.
Failure to comply with the requirements set forth in an AD can lead to serious consequences. While the specifics of the penalties are not detailed in the provided text, it is clear that non-compliance with airworthiness directives can result in both civil and criminal liabilities. The gravity of these consequences underscores the importance of adhering to the mandated safety measures. Given the international nature of air travel and the necessity for harmonised safety standards, violations can also impact international relations and the reputation of the involved parties.
The legislative framework ensures that the State of Registry, through CASA, plays a crucial role in maintaining the safety and airworthiness of aircraft within its jurisdiction. The process of issuing and enforcing ADs is designed to protect public safety by ensuring that aircraft meet the highest standards of airworthiness. The streamlined process, while bypassing public consultation and regulatory impact assessments, reflects the urgent and critical nature of air safety directives, ensuring that safety measures are implemented promptly and effectively.