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 2007-0244 R1 (corrected) affecting Eurocopter AS 365 N3 model helicopters. 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 2, which will become effective on 21 September 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 provide a comprehensive legislative framework for civil aviation safety and regulation in Australia. This Act enables the Governor-General to make regulations for ensuring the safety of air navigation. One of the critical tools under this Act is the issuance of airworthiness directives (ADs), which are regulatory instruments used to mandate safety requirements for specific types of aircraft or aeronautical products. The Civil Aviation Safety Regulations 1998 further elaborate on the process, empowering the Civil Aviation Safety Authority (CASA) to issue these directives. The primary objective of this legislation is to ensure that aircraft operating in Australian airspace meet the necessary safety standards, aligning with international conventions and obligations, such as those set by the International Civil Aviation Organization (ICAO). The Act facilitates the adoption of directives issued by the States of Design and mandates CASA to issue corresponding Australian ADs to maintain the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the regulation of airworthiness directives (ADs) in Australia, ensuring the continuing airworthiness of aircraft registered within the country. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific kinds of aircraft or aeronautical products. These directives are considered legislative instruments, subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are primarily issued in response to international obligations under the Convention on International Civil Aviation, where the State of Design has the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. CASA, as Australia's national airworthiness authority, assesses this information and, if deemed necessary, issues corresponding Australian ADs. For instance, in response to an AD issued by the European Aviation Safety Agency (EASA) for Eurocopter AS 365 N3 model helicopters, CASA issued Australian AD/DAUPHIN/85, Amendment 2. This directive is applicable to all Eurocopter AS 365 N3 helicopters registered in Australia and mandates specific maintenance or operational requirements to ensure airworthiness. Given the international nature of these directives and the specific technical requirements they entail, no public consultation is typically undertaken, and they do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998 (section 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are formal documents that outline mandatory safety measures and compliance requirements for ensuring the continuing airworthiness of the affected aircraft. Under subsection 39.001(5), ADs are recognised as disallowable instruments under the Acts Interpretation Act 1901, and thus, as legislative instruments under section 6 of the Legislative Instruments Act 2003. The issuance of ADs is a standard practice among ICAO Contracting States, as outlined in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design retains overall responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the individual aircraft's airworthiness. When the State of Design, such as France in the case of Eurocopter AS 365 N3 model helicopters, issues an AD, CASA must evaluate the directive and, if necessary, issue a corresponding Australian AD to enforce the required measures.
Entities governed by the Civil Aviation Safety Regulations 1998, including aircraft manufacturers, operators, and maintenance providers, are obligated to comply with ADs as they pertain to the aircraft they manage or operate. This includes adhering to any specified maintenance, repair, or operational requirements, and ensuring that all aircraft meet the airworthiness standards set forth in the directives. For instance, operators of Eurocopter AS 365 N3 model helicopters must comply with Australian AD/DAUPHIN/85, Amendment 2, which mandates specific actions to be taken by 21 September 2007. Failure to comply with these directives can result in the grounding of aircraft, fines, or other legal consequences, as the directives are legally enforceable instruments designed to uphold the highest safety standards.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose significant responsibilities on those who fail to comply with ADs. Section 84A(2) of the Act allows CASA to enforce compliance through various means, including the issuance of fines and other penalties. Non-compliance with ADs can result in serious civil and criminal penalties. For example, under the Civil Aviation Act 1988, individuals or entities found in breach of an AD may face fines of up to $375,000 for corporations and $75,000 for individuals, as well as potential imprisonment terms. These stringent measures underscore the importance of adhering to ADs, which are designed to mitigate safety risks and ensure the continued safe operation of aircraft within Australia’s airspace.