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 2006-0321-E affecting Eurocopter AS 365 and SA 365 model helicopters. EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DAUPHIN/86, Amendment 2, which will become effective on 27 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 by the Australian Parliament to regulate civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This legislation provides the legal framework for the Civil Aviation Safety Regulations 1998, which were subsequently introduced to further detail and enforce safety standards within the aviation industry. One of the key mechanisms under this framework is the issuance of airworthiness directives (ADs) as provided for in regulation 39.001 of the Civil Aviation Safety Regulations. These directives are legislative instruments that mandate specific actions to ensure the continuing airworthiness of aircraft. The Civil Aviation (Safety) Act 1988, along with the 1998 regulations, addresses the need for comprehensive and enforceable safety measures in the aviation sector, aligning with international standards set by the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives, as legislative instruments, apply to the aircraft or products specified within the regulations and are mandated by Australia's obligations under the Convention on International Civil Aviation. The geographic and jurisdictional reach of these regulations is national, with CASA as Australia's primary airworthiness authority ensuring compliance across the Commonwealth. The ADs are designed to maintain the continuing airworthiness of aircraft registered in Australia and are issued in response to directives from the State of Design, such as the European Aviation Safety Agency (EASA) for European aircraft types. This process does not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review. The ADs, once issued, replace any previous directives, ensuring that the most current safety requirements are enforced.
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 specific types of aircraft or aeronautical products. These directives are intended to ensure the continuing safety and airworthiness of aircraft. Such ADs become legislative instruments under the Legislative Instruments Act 2003, as outlined in section 46A of the Acts Interpretation Act 1901 and are thus subject to disallowance. Each AD is a response to safety concerns identified by the State of Design and must be evaluated by CASA, Australia’s national airworthiness authority, before being implemented in Australia.
The obligations under these regulations primarily fall on CASA, which must rigorously assess the ADs issued by the State of Design, such as the European Aviation Safety Authority (EASA) for the Eurocopter AS 365 and SA 365 model helicopters. CASA is tasked with ensuring that these ADs align with Australia's safety standards and are appropriately adapted for Australian-registered aircraft. The State of Registry, in this case, CASA, is responsible for implementing these directives and ensuring that the aircraft continue to meet airworthiness standards. This involves notifying all relevant parties, including aircraft operators, of the requirements and ensuring compliance through inspections and audits.
Breaching the requirements of an AD can lead to serious consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can result in significant penalties. For individuals, this can include fines of up to $165,294, while for corporations, the fines can reach up to $826,470. Additionally, non-compliance can lead to criminal charges, with potential imprisonment for individuals who fail to adhere to the mandated safety requirements. CASA also has the authority to ground non-compliant aircraft, which can severely impact the operations of airlines and other aviation businesses. The seriousness of these penalties underscores the importance of strict adherence to ADs in maintaining aviation safety.