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 French DGAC has issued AD F-2005-127 affecting Eurocopter AS 365 series helicopters. France is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/DAUPHIN/80, which will become effective on 1 September 2005.
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 was enacted to provide for the regulation of civil aviation in Australia, with the overarching aim of ensuring the safety of air navigation. Under this Act, the Governor-General is empowered to make regulations that serve the interests of air navigation safety. One such regulation is contained within the Civil Aviation Safety Regulations 1998, where it allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific kinds of aircraft or aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft as per international standards set by the International Civil Aviation Organization (ICAO). The issuing of these directives by CASA, in response to directives from the State of Design or as mandated by international conventions, reflects Australia’s commitment to global aviation safety standards. This legislative framework ensures that CASA, as Australia's national airworthiness authority, can mandate necessary requirements for aircraft registered in Australia, thereby fulfilling its obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation. Such directives are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901. These ADs are a crucial mechanism for maintaining the continuing airworthiness of aircraft, a responsibility that falls to the State of Registry under Annex 8 of the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, must issue corresponding Australian ADs if a State of Design issues an AD affecting aircraft registered in Australia. For instance, following the issuance of AD F-2005-127 by the French DGAC concerning Eurocopter AS 365 series helicopters, CASA issued AD/DAUPHIN/80, effective from 1 September 2005. Notably, these ADs are issued in response to international obligations and specific design state directives, hence they do not require public consultation or a Regulatory Impact Statement. Instead, they are prepared by CASA officials in line with the Act's provisions.
Key Provisions
The Civil Aviation Act 1988, under section 98, grants the Governor-General the authority to create regulations aimed at ensuring the safety of air navigation. Pursuant to this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are intended to mandate safety measures and ensure the continued airworthiness of aircraft. Furthermore, subregulation 39.001(5) designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby classifying them as legislative instruments.
The obligations under this Act and the associated regulations are significant. The State of Design, which is responsible for the initial design of the aircraft, holds the primary responsibility for the continuing airworthiness of the aircraft type. This includes providing necessary information to States of Registry to ensure the aircraft remain airworthy. In contrast, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the ongoing airworthiness of the aircraft within its jurisdiction. In Australia, CASA, as the national airworthiness authority, is tasked with assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to enforce the required safety measures.
Failure to comply with airworthiness directives can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence. Such violations can attract criminal penalties, including fines and imprisonment, depending on the severity of the breach. Additionally, non-compliance can result in civil penalties and administrative actions taken by CASA. The exact penalties are not specified in the provided text but typically reflect the seriousness of the safety risk posed by non-compliance.
In summary, the key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the safety and airworthiness of aircraft through the issuance of ADs. The Act and Regulations impose obligations on both the State of Design and the State of Registry to ensure that aircraft remain airworthy, with CASA playing a crucial role in enforcing these standards in Australia. Breaches of these obligations can result in significant penalties, both criminal and civil, underscoring the importance of compliance with airworthiness directives.