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 2006-0368-E affecting SA 365 and AS 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/90, which will become effective on 11 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act allows the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. Under this legislative authority, the Civil Aviation Safety Regulations 1998 were established, which include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments issued to ensure the continuing airworthiness of aircraft types and aeronautical products. The objective of these regulations is to align with international standards, particularly those set by the Convention on International Civil Aviation, and to mandate requirements as determined by the State of Design or Registry. In this context, CASA has issued Australian AD/DAUPHIN/90 in response to an AD issued by the European Aviation Safety Authority (EASA) for SA 365 and AS 365 model helicopters, reflecting Australia's commitment to international safety standards and obligations.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, aimed at ensuring the safety of air navigation in accordance with international standards set by the International Civil Aviation Organization (ICAO). ADs are essential tools for maintaining the continuing airworthiness of aircraft and are issued by the State of Design, with the State of Registry responsible for implementing these directives on aircraft registered within its jurisdiction. In Australia, CASA, as the national airworthiness authority, must evaluate and, if necessary, issue Australian ADs in response to directives from the relevant State of Design. This process ensures that Australian aviation standards align with international obligations and safety requirements. The issuance of these directives is conducted under the authority of the Act and does not typically involve public consultation, nor does it require a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The main operative sections of this legislation, particularly section 98 of the Civil Aviation Act 1988, empower the Governor-General to establish regulations in the interest of aviation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further authorises CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as noted in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
These airworthiness directives impose obligations on the parties and entities they govern. The State of Design, responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure safety, as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in this case is Australia, must also develop or adopt requirements to maintain the airworthiness of aircraft registered within its jurisdiction. CASA, as Australia's national airworthiness authority, has the responsibility to assess information from the State of Design and issue corresponding Australian ADs where necessary.
Non-compliance with the provisions of these airworthiness directives can lead to significant legal consequences. Under the Civil Aviation Act 1988, violations of ADs may result in both civil and criminal penalties. For instance, operators who fail to adhere to the requirements of an AD could face civil penalties, including fines, as well as potential criminal charges for serious breaches. The specific maximum penalties are not detailed in the provided text, but generally, the severity of the penalty can depend on the nature and extent of the non-compliance. Additionally, CASA retains the authority to take enforcement actions, such as grounding non-compliant aircraft, to ensure adherence to safety standards.