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 2006-0362-E affecting SA-365 and AS-365 Dauphin 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/89, which will become effective on 2 December 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, enacted by the Commonwealth Parliament, is a fundamental piece of legislation aimed at ensuring the safety and efficiency of civil aviation in Australia. The Act provides the framework for regulating all aspects of civil aviation, including air navigation, aircraft registration, and airworthiness standards. It was introduced to address the need for a comprehensive legal structure governing the complex and dynamic field of civil aviation. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives to maintain the safety standards of aircraft. The Civil Aviation Safety Regulations 1998 further detail the requirements and processes for issuing such directives. These regulations enable CASA to mandate safety requirements in response to directives issued by the State of Design or in alignment with international standards set forth by the International Civil Aviation Organization (ICAO). The primary policy objective is to ensure the highest level of safety in air navigation and aircraft operations within Australia, aligning with international obligations and standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, as stipulated in the Civil Aviation Act 1988. These directives, which are legislative instruments, aim to ensure the safety of air navigation. In accordance with international standards under 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 ensures the airworthiness of individual aircraft. When the European Aviation Safety Authority (EASA), acting on behalf of France as the State of Design, issues an AD for SA-365 and AS-365 Dauphin model helicopters, CASA, as Australia’s national airworthiness authority, must assess this directive and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This particular AD, issued in response to AD 2006-0362-E by EASA, will become effective on 2 December 2006. Given that this directive arises from Australia's international obligations and does not require public consultation or a Regulatory Impact Statement, it has been issued by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office on behalf of CASA, in line with subsection 84A(2) of the Act.
Key Provisions
The key operative sections of the Civil Aviation Act 1988, as they relate to the issue of airworthiness directives, include section 98 (subsection 84A(2)), which empowers the Governor-General to create regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. Subregulation 39.001(5) also specifies that an airworthiness directive is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore a legislative instrument under section 6 of the Legislative Instruments Act 2003. This legal framework ensures that CASA, as Australia’s national airworthiness authority, can act on directives issued by the State of Design to maintain the safety standards of aircraft registered in Australia.
The obligations and requirements imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 primarily concern the maintenance of continuing airworthiness of aircraft. The State of Design, which in this case is France for the SA-365 and AS-365 Dauphin model helicopters, has the responsibility to issue airworthiness directives to ensure the safety and airworthiness of aircraft types. CASA, as the State of Registry for these aircraft in Australia, must assess these directives and, if deemed necessary, issue corresponding Australian airworthiness directives to enforce the requirements on Australian-registered aircraft. This includes ensuring that any necessary maintenance, modifications, or inspections are carried out in accordance with the directives.
There are specific consequences and penalties for non-compliance with airworthiness directives issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Failure to adhere to these directives can result in significant safety risks, and operators found in breach of the directives may face enforcement actions by CASA. While the exact penalties are not specified in the provided text, non-compliance can lead to serious ramifications, including potential grounding of the aircraft, fines, or even criminal charges for wilful violations that endanger safety. The severity of the penalties is intended to ensure that all parties involved adhere strictly to the safety standards set forth in the airworthiness directives.