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-2005-170 affecting SA 365 and AS 365 model helicopters. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DAUPHIN/82, which will become effective on 21 October 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 a legislative framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, delegating such authority to the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998, made under the authority of the Act, include provisions for the issuance of airworthiness directives (ADs) by CASA. These directives are legislative instruments that mandate specific actions to ensure the continuing airworthiness of aircraft and aeronautical products. In alignment with international obligations under the Convention on International Civil Aviation, the Act and its regulations facilitate the adoption of ADs issued by the aircraft's State of Design, ensuring consistency and safety standards are maintained across jurisdictions.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for issuing airworthiness directives (ADs) in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products under regulation 39.001, which are considered legislative instruments under the Legislative Instruments Act 2003. ADs are integral to ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, with the State of Design bearing the primary responsibility for issuing such directives. The State of Registry, in this case CASA, is responsible for ensuring that Australian-registered aircraft meet these continuing airworthiness standards. In practice, when a State of Design, such as France, issues an AD for a particular aircraft type, CASA evaluates this information and, if deemed necessary, issues a corresponding Australian AD to enforce the required safety measures. This process ensures alignment with international standards and the obligations under the Convention on International Civil Aviation, thereby maintaining the safety of air navigation within Australia.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to enact regulations that support the Act's objectives, particularly focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are intended to ensure that the aircraft in question maintain the necessary airworthiness standards. Subregulation 39.001(5) further clarifies that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus it is recognised as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are multifaceted. Firstly, the State of Design, which in this case is France for the SA 365 and AS 365 model helicopters, has the responsibility to provide any necessary information to ensure the continuing airworthiness of the aircraft type. This responsibility is outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in this instance is Australia, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must evaluate the provided information and, if deemed appropriate, issue a corresponding Australian AD to enforce the requirements set forth by the State of Design.
Failure to comply with the requirements set out in an AD can result in significant consequences. While the specific penalties are not detailed in the provided text, non-compliance with airworthiness directives can generally lead to severe civil and criminal penalties under aviation law. These could include fines, suspension or revocation of airworthiness certificates, and potential criminal charges for operators who knowingly allow non-compliant aircraft to fly. Such measures are enforced to ensure that all aircraft operating within Australian airspace meet the required safety standards, thereby protecting public safety and maintaining the integrity of the aviation system.
In summary, the Civil Aviation Act 1988 and the associated regulations establish a framework that ensures the airworthiness of aircraft through the issuance of ADs. The State of Design has the primary responsibility of ensuring airworthiness, while the State of Registry, in this case CASA, is tasked with implementing and enforcing these standards within its jurisdiction. The process is guided by international conventions and regulations, which necessitate prompt action in response to ADs issued by the State of Design to maintain safety standards and avoid legal repercussions for non-compliance.