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 2006-0084-E affecting Eurocopter Dauphin model helicopters. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DAUPHIN/84, which will become effective on 13 April 2006.
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 legal framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. One of the key mechanisms through which this is achieved is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives are designed to mandate safety measures and ensure the continuing airworthiness of aircraft registered in Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue such directives for specific types of aircraft or aeronautical products. The objective of these regulations is to align with Australia's obligations under the Convention on International Civil Aviation, particularly those concerning the continuing airworthiness of aircraft types, which is overseen by the State of Design. CASA, acting on behalf of the Australian Government, assesses the ADs issued by other states, such as the European Aviation Safety Authority (EASA), and may issue corresponding Australian ADs to enforce necessary safety measures. This process ensures that Australian aviation standards are met while maintaining international compliance.
Scope and Application
The Civil Aviation Act 1988, as augmented by the Civil Aviation Safety Regulations 1998, provides the legislative foundation for the issuance of airworthiness directives (ADs) in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs concerning specific types of aircraft or aeronautical products under regulation 39.001. This regulatory action is underpinned by the necessity to ensure the safety of air navigation, as stipulated in section 98 of the Act. ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are documented as such in the Legislative Instruments Act 2003. The ADs are a reflection of international obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design maintain overall responsibility for the continuing airworthiness of an aircraft type and provide necessary information to the State of Registry. In the context of Australian-registered aircraft, CASA, as the national airworthiness authority, is obligated to assess and, if necessary, issue Australian ADs in response to directives from the State of Design. This framework ensures that Australian aviation standards align with international safety protocols, as demonstrated by the issuance of Australian AD/DAUPHIN/84 in response to EASA's AD 2006-0084-E for Eurocopter Dauphin model helicopters.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These ADs are legislative instruments as outlined in section 6 of the Legislative Instruments Act 2003, and they are also disallowable instruments under section 46A of the Acts Interpretation Act 1901. The ADs are created in line with the responsibilities of the State of Design and the State of Registry under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must provide necessary information to ensure the continuing airworthiness of a type of aircraft, while the State of Registry is responsible for the ongoing airworthiness of individual aircraft. When a State of Design issues an AD, CASA must evaluate the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
Entities governed by the Civil Aviation Safety Regulations 1998, particularly those pertaining to the issuance of ADs, must comply with the requirements set out in these directives. This includes aircraft owners, operators, and maintenance providers who must follow the specific instructions and timelines provided in the ADs to ensure the airworthiness of the aircraft they are responsible for. CASA, as the national airworthiness authority, is obligated to monitor and enforce compliance with these directives to maintain safety standards in Australian civil aviation.
Failure to comply with an airworthiness directive can result in severe consequences, both civil and criminal. Civil penalties can include fines and other monetary penalties, while criminal penalties may include imprisonment, depending on the severity and nature of the breach. The exact penalties are determined by the specific circumstances of each case, but they are intended to ensure strict adherence to safety regulations. For example, non-compliance with an AD could lead to grounding of an aircraft, suspension of operational permits, or even criminal charges if the non-compliance results in safety hazards or incidents.