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-2005-144 R1 affecting Eurocopter SA 360 and SA 365 model helicopters. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DAUPHIN/81, Amendment 1, which will become effective on 24 November 2005. 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 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. The Act grants the Governor-General the authority to make regulations necessary for the purposes of the Act, and these regulations encompass the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Safety Regulations 1998. The ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The objective of issuing these directives is to maintain the continuing airworthiness of aircraft in line with international standards and obligations under the Convention on International Civil Aviation. The process involves CASA, as Australia’s national airworthiness authority, assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to ensure compliance with safety standards.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes a framework for the safety of air navigation within Australia. Under this framework, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are legislative instruments that mandate requirements necessary for the continuing airworthiness of aircraft registered in Australia. The State of Design, which holds responsibility for the airworthiness of a particular aircraft type, issues these directives, and CASA, as Australia’s national airworthiness authority, assesses this information to ensure compliance with Australian safety standards. For example, CASA has issued an Australian AD in response to a French directive affecting Eurocopter SA 360 and SA 365 model helicopters, reflecting Australia's obligations under the Convention on International Civil Aviation. This AD, which replaces a previous version, was made without public consultation due to the international nature of the directive and the necessity for immediate compliance.
Key Provisions
The main operative sections of this piece of legislation pertain to the issuance of airworthiness directives (ADs) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Section 98 of the Act allows the Governor-General to make regulations that are in the interests of air navigation safety, and regulation 39.001 of the 1998 Regulations specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that these ADs are disallowable instruments under the Acts Interpretation Act 1901. Furthermore, Annex 8 to the Convention on International Civil Aviation mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to ensure this airworthiness to States of Registry.
Under this legislation, CASA, as Australia’s national airworthiness authority, must ensure that it complies with international standards by issuing Australian ADs in response to ADs issued by the State of Design. For example, the French Directorate General for Civil Aviation (DGAC) issued AD F-2005-144 R1 for Eurocopter SA 360 and SA 365 model helicopters, with France being the State of Design. CASA assessed this AD and subsequently issued Australian AD/DAUPHIN/81, Amendment 1, effective from 24 November 2005, which replaces the previous issue. The AD was 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.
The obligations and requirements imposed by this Act on the parties it governs include the responsibility of the State of Design to provide information necessary for the continuing airworthiness of an aircraft type. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. CASA is obligated to assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs. The State of Registry is responsible for implementing these ADs on individual aircraft registered within its jurisdiction. Additionally, this Act requires CASA to adhere to international civil aviation conventions and ensure compliance with the airworthiness directives issued by other contracting states.
Any breaches of the requirements set out in the ADs can result in severe consequences. The Civil Aviation Act 1988 and associated regulations outline that failure to comply with an AD can result in the grounding of an aircraft, which in turn can lead to significant safety risks. While specific penalties are not detailed in this text, breaches of airworthiness requirements can typically lead to both civil and criminal penalties. Civil penalties may include fines, and in severe cases, criminal penalties may be imposed, which can result in imprisonment. The exact penalties depend on the severity of the breach and the discretion of the court. Compliance with ADs is crucial to maintaining the safety standards required under the Civil Aviation Act 1988.