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 2006-0213 affecting Eurocopter SA 356 and AS 365 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/87, which will become effective on 28 September 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, as amended and supported by the Civil Aviation Safety Regulations 1998, provides the legislative framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation in Australia. This legislation was enacted to address the need for a robust regulatory mechanism to oversee the continuing airworthiness of aircraft, aligning with international standards set forth by the International Civil Aviation Organization (ICAO). The authority for CASA to issue ADs is derived from section 98 of the Civil Aviation Act 1988, empowering the Governor-General to make regulations that safeguard air navigation. The policy objective is to ensure that all aircraft registered in Australia meet stringent safety standards, thus protecting public safety and maintaining the integrity of Australia's aviation industry. CASA's role is pivotal, particularly in the context of international cooperation, as it must respond to ADs issued by the State of Design and adapt them to the Australian regulatory context.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for ensuring the safety of air navigation within Australia. Under this legislation, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft. Specifically, Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for particular types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Legislative Instruments Act 2003 and are in line with international obligations under Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure that the aircraft complies with the issued ADs. In response to an AD issued by the European Aviation Safety Authority for certain Eurocopter SA 356 and AS 365 Dauphin model helicopters, CASA has issued Australian AD/DAUPHIN/87, which will take effect on 28 September 2006. Given that this AD arises from international obligations and is in response to an AD by the relevant State of Design, no public consultation has been required, and the Office of Regulatory Review has determined that it does not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework under which airworthiness directives (ADs) are issued and enforced in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The ADs serve as a mechanism for maintaining the continuing airworthiness of aircraft, a responsibility that lies primarily with the State of Design but is enforced by the State of Registry. According to Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching duty to ensure the airworthiness of an aircraft type and must furnish necessary information to the States of Registry. In the case of Australia, when an AD is issued by the State of Design, CASA, as the national airworthiness authority, must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design.
The obligations imposed by these regulations require CASA to closely monitor and respond to ADs issued by other ICAO Contracting States, such as the European Aviation Safety Authority (EASA) in this instance. EASA issued AD 2006-0213 for Eurocopter SA 356 and AS 365 Dauphin model helicopters on behalf of France, the State of Design. CASA has assessed this directive and subsequently issued Australian AD/DAUPHIN/87, which will take effect on 28 September 2006. Given the international nature of these obligations, no public consultation has been deemed necessary for this AD, and the Office of Regulatory Review has concluded that a Regulatory Impact Statement is not required.
Failure to comply with an AD can have serious consequences. Civil penalties, including fines, may be imposed under the Civil Aviation Act 1988 for non-compliance with ADs. Additionally, criminal penalties can apply, particularly if the non-compliance results in an aircraft being operated in an unsafe condition. Such offences can lead to substantial fines and imprisonment, reflecting the critical importance of adhering to airworthiness directives in ensuring the safety of air navigation.