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 EASA has issued AD 2006-0255 affecting Eurocopter AS 365 model aircraft. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DAUPHIN/88, which will become effective on 26 October 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, New Technologies and Systems, 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 provide a comprehensive legal framework governing all aspects of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. The ADs are a legislative instrument under the Acts Interpretation Act 1901 and are crucial for maintaining the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation. The issuing of these directives, as exemplified by AD/DAUPHIN/88 in response to EASA's AD 2006-0255, reflects Australia's commitment to international aviation standards and its responsibilities under the Convention. Given the international nature of these directives and their technical basis, they do not require public consultation or a Regulatory Impact Statement, and are issued by CASA in accordance with the Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the continuing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, assesses information from States of Design, and if necessary, issues Australian ADs to enforce the requirements. In this instance, CASA has issued Australian AD/DAUPHIN/88 in response to an AD from the European Aviation Safety Agency (EASA) concerning Eurocopter AS 365 model aircraft, aligning with Australia’s obligations under the Convention on International Civil Aviation. Given the nature of ADs, they do not require public consultation or a Regulatory Impact Statement, and they are issued by CASA on behalf of the Australian government.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This regulatory authority is derived from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for air navigation safety. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument, thereby qualifying it as a legislative instrument under section 6 of the Legislative Instruments Act 2003. Such directives are essential for maintaining the continuing airworthiness of aircraft types, aligning with the obligations under Annex 8 of the Convention on International Civil Aviation, where the State of Design has the primary responsibility for ensuring airworthiness.
Under these regulations, CASA, as Australia's national airworthiness authority, must carefully evaluate ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. For instance, the European Union Aviation Safety Agency (EASA) issued AD 2006-0255 concerning Eurocopter AS 365 model aircraft, which CASA assessed and subsequently issued as Australian AD/DAUPHIN/88, effective from 26 October 2006. This process ensures that Australian aircraft meet international safety standards and comply with the regulations set forth by the relevant authorities.
The obligations imposed by these regulations on the parties involved are significant. CASA, as the regulatory body, must rigorously evaluate and act on ADs issued by the State of Design to maintain airworthiness standards. The State of Registry for individual aircraft, in this case, Australia, must adopt and implement the requirements of the ADs to ensure the safety of the aircraft within its jurisdiction. This includes conducting necessary inspections, repairs, or modifications as stipulated by the ADs.
Failure to comply with the requirements of an AD can result in serious legal consequences. Breaches of these regulations may lead to civil penalties, including fines, and in severe cases, criminal penalties. The specific penalties depend on the nature and severity of the breach, but they are intended to enforce strict adherence to airworthiness standards to prevent accidents and ensure the safety of all air passengers and crew.