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 2006-0245 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/86, Amendment 1, which will become effective on 26 October 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 regulate civil aviation activities in Australia, providing a framework for ensuring the safety of air navigation and other related matters. This Act empowers the Governor-General to create regulations that safeguard air navigation interests, with the Civil Aviation Safety Regulations 1998 detailing specific measures, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives are legislative instruments that mandate compliance with continuing airworthiness standards, crucial for maintaining safety standards in line with international obligations under the Convention on International Civil Aviation. The Civil Aviation Act 1988 thus serves to integrate Australia's domestic aviation safety protocols with international standards, ensuring that national regulations are consistent with global best practices.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, mandates the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. These ADs, which are legislative instruments, apply to specific types of aircraft or aeronautical products as determined by the Civil Aviation Safety Authority (CASA). The geographic scope of these regulations extends across Australia, affecting all entities involved in the aviation industry within the country. The State of Registry is responsible for the continuing airworthiness of individual aircraft, while the State of Design holds overall responsibility for a type of aircraft and must provide necessary information to ensure its airworthiness. In this context, CASA must issue Australian ADs if they find the information from the State of Design appropriate, thereby ensuring compliance with international obligations under the Convention on International Civil Aviation. Notably, ADs do not require public consultation or a Regulatory Impact Statement as they are issued in response to international directives and obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Act empowers the Governor-General to make regulations that promote air navigation safety, while regulation 39.001 of the Regulations enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. An AD, as per subregulation 39.001(5), is a disallowable instrument under the Acts Interpretation Act 1901 and qualifies as a legislative instrument under the Legislative Instruments Act 2003. These regulations ensure that Australia adheres to international standards set by the Convention on International Civil Aviation.
The obligations imposed by these provisions are significant. Under Annex 8 to the Convention, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, requiring it to provide necessary information to the States of Registry. For Australia, CASA, as the national airworthiness authority, must evaluate any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs. This ensures that Australian-registered aircraft meet the required safety standards. Additionally, the State of Registry, which is CASA in Australia’s case, must implement requirements to maintain the continuing airworthiness of its aircraft.
Failure to comply with the requirements set forth in an AD can lead to serious consequences. Civil and criminal penalties may apply, although specific penalties are not detailed in the provided text. Generally, non-compliance with airworthiness directives can result in severe penalties, including fines and potential criminal charges for operators who fail to adhere to safety regulations. The consequences are designed to enforce strict adherence to safety protocols, thereby safeguarding air navigation.
In the case of the Eurocopter Dauphin model helicopters, the European Aviation Safety Authority (EASA) issued AD 2006-0245, which CASA assessed and subsequently issued as Australian AD/DAUPHIN/86, Amendment 1. This AD, effective from 26 October 2006, replaces the previous directive. Because this AD arises from Australia's international obligations and in response to a directive from the State of Design, there was no requirement for public consultation or a Regulatory Impact Statement. The Manager, Airframes in CASA's Manufacturing, Certification and New Technologies Office issued this AD in accordance with subsection 84A(2) of the Act, ensuring that the safety standards are uniformly applied across the board.