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 2006-0099 affecting Eurocopter SA 365 and AS 365 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/81, Amendment 2, which will become effective on 31 August 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 was enacted to provide for the regulation of civil aviation in Australia and to ensure the safety of air navigation. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, including the issuance of airworthiness directives (ADs) to address safety concerns related to aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 further specify the process for issuing these ADs, which are considered legislative instruments under the Legislative Instruments Act 2003. The policy objective of these regulations is to maintain and enhance the safety standards of aircraft operating within Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority, responsible for ensuring that aircraft meet the necessary safety standards, including issuing ADs when required.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) to ensure the safety of air navigation within Australia. This legislation applies to entities such as aircraft manufacturers, operators, and maintenance providers, as well as individuals and entities involved in the design, production, and operation of aeronautical products and aircraft. The regulatory reach extends to all aircraft registered in Australia, regardless of the location of their State of Design, ensuring compliance with international standards set by the Convention on International Civil Aviation. These directives are mandated by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, which must issue Australian ADs when required by the State of Design. Notably, this legislation does not mandate public consultation for ADs issued under international obligations, and such directives are not subject to a Regulatory Impact Statement. Subordinate instruments under this Act, such as specific ADs, are made by authorised officers within CASA and are considered legislative instruments under the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 (subsection 5 of which specifies that an AD is a disallowable instrument). These directives are crucial for maintaining the continuing airworthiness of aircraft and aeronautical products. CASA, as Australia’s national airworthiness authority, must respond to ADs issued by the State of Design (the country responsible for the design of the aircraft type) by either adopting or creating equivalent ADs for aircraft registered in Australia. For example, CASA has issued AD/DAUPHIN/81, Amendment 2, effective from 31 August 2006, in response to the European Aviation Safety Authority’s AD 2006-0099 for Eurocopter SA 365 and AS 365 Dauphin model helicopters.
The obligations imposed by these regulations on CASA and the States of Registry include ensuring that all aircraft within their jurisdiction meet continuing airworthiness standards. This involves CASA reviewing any ADs issued by the State of Design and deciding whether to issue a corresponding Australian AD to enforce the necessary safety measures on aircraft registered in Australia. Additionally, States of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft under their jurisdiction, ensuring compliance with any ADs that may be issued.
Breaching the requirements set out in an AD can lead to significant legal consequences. While specific offences and penalties are not detailed in the provided text, it is reasonable to infer that non-compliance with ADs could result in administrative penalties, fines, or other enforcement actions under the Civil Aviation Act 1988 and associated regulations. Failure to adhere to an AD could also lead to the grounding of an aircraft, which could have serious operational and safety implications. Although the maximum penalties are not specified here, the seriousness of airworthiness issues underscores the importance of compliance with these directives.