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 2007-0224 affecting Eurocopter AS 365 N3 model aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DAUPHIN/85, Amendment 1, which will become effective on 30 August 2007. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia. It provides the legal framework for regulating the aviation industry, including the issuance of airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998, made under the Act, allow the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products to maintain safety standards. The problem or gap this legislation addresses includes the need for consistent and coordinated international standards for aircraft airworthiness, as established under the Convention on International Civil Aviation. The Civil Aviation Act 1988 was enacted by the Australian Parliament to provide this framework and ensure compliance with international obligations. The policy objective is to maintain the highest possible safety standards in civil aviation, particularly concerning the continuing airworthiness of aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a critical tool for ensuring the continuing airworthiness of aircraft and are a legislative instrument under the Legislative Instruments Act 2003. The issuance of ADs is mandated under Annex 8 of the Convention on International Civil Aviation, whereby the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must adopt the necessary requirements to ensure the same. In Australia, CASA, as the national airworthiness authority, evaluates ADs issued by other states, such as the European Aviation Safety Agency (EASA) for the Eurocopter AS 365 N3 model aircraft, and issues corresponding Australian ADs to enforce these requirements. Notably, the ADs are issued in compliance with international obligations and do not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 pertinent to the issuance of airworthiness directives (ADs) include section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. Section 98 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specific kinds of aircraft or aeronautical products. Subregulation 39.001(5) further defines an AD as a disallowable instrument, thus classifying it as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
These provisions impose specific obligations on CASA and other relevant parties. CASA, as Australia’s national airworthiness authority, is tasked with assessing information provided by the State of Design when an AD is issued by a foreign authority, such as the European Aviation Safety Authority (EASA). If CASA determines that the AD is appropriate, it must issue a corresponding Australian AD to mandate the required safety measures. This ensures that Australian-registered aircraft comply with international safety standards. Additionally, the State of Registry of individual aircraft must develop or adopt requirements to ensure the continuing airworthiness of those aircraft, aligning with the international obligations under Annex 8 to the Convention on International Civil Aviation.
There are specific consequences for non-compliance with the ADs issued under these regulations. While the Act and Regulations do not explicitly detail offences or penalties for breaching an AD, non-compliance with such directives can lead to significant civil and criminal consequences. For example, operating an aircraft that does not comply with the requirements set forth in an AD could result in enforcement actions by CASA, including fines, suspension or revocation of the aircraft’s certificate of airworthiness, and potential criminal charges against the operator. The severity of these consequences underscores the importance of adhering to the mandated safety measures as outlined in the ADs.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for the issuance and enforcement of airworthiness directives to ensure the safety of air navigation. CASA, as the national airworthiness authority, is responsible for assessing and implementing ADs issued by foreign authorities, such as EASA, in alignment with international obligations. Non-compliance with these directives can result in severe civil and criminal penalties, highlighting the critical nature of adhering to the safety measures mandated by the ADs.