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 Emergency AD 2009-0109-E affecting Eurocopter SA 365 N and N1 model aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DAUPHIN/99, which will become effective on 8 May 2009.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate civil aviation in Australia, with a particular emphasis on ensuring the safety of air navigation. The Act empowers the Governor-General to create regulations, which are critical for maintaining the safety standards in air navigation. One significant regulation under this Act is the Civil Aviation Safety Regulations 1998, which provides the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives, as outlined in regulation 39.001, are legislative instruments subject to disallowance and parliamentary scrutiny, underscoring their importance in maintaining safety standards. The objective of these regulations is to ensure that aircraft remain airworthy, thereby protecting the safety of passengers, crew, and the general public. The ADs issued under these regulations are integral to fulfilling Australia's obligations under the Convention on International Civil Aviation and to maintaining international safety standards.
Scope and Application
The Civil Aviation Act 1988 and its accompanying Civil Aviation Safety Regulations 1998 provide the legislative framework for ensuring the safety of air navigation in Australia. Under this framework, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, serve to mandate safety requirements to ensure the continuing airworthiness of aircraft registered in Australia. The issuance of such directives is informed by international obligations under the Convention on International Civil Aviation, particularly the responsibilities of the State of Design and State of Registry to maintain aircraft airworthiness. In response to an Emergency AD issued by the European Aviation Safety Authority for certain Eurocopter models, CASA has issued its own AD for Australian-registered aircraft of that type, which will come into effect on 8 May 2009. This process underscores the collaborative nature of international aviation safety, where national authorities such as CASA act on directives from the relevant State of Design to ensure that Australian-registered aircraft meet international safety standards.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework within which airworthiness directives (ADs) are issued and enforced. Under section 98 of the Act, the Governor-General has the authority to make regulations in the interests of the safety of air navigation, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. These ADs, as specified in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions include a responsibility on the State of Design to provide necessary information to ensure the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. When the European Aviation Safety Authority (EASA) issued Emergency AD 2009-0109-E affecting Eurocopter SA 365 N and N1 model aircraft, CASA assessed this directive and subsequently issued Australian AD/DAUPHIN/99. Such actions are taken without consultation of the Australian public as they are in response to international obligations and do not require a Regulatory Impact Statement.
Offences and penalties under these regulations can be severe, given the critical nature of airworthiness. While the text does not explicitly state the penalties, breaches of ADs can lead to serious consequences including fines and imprisonment under the Civil Aviation Act 1988 and other related regulations. The specific maximum penalties would depend on the nature and severity of the breach, but the overarching goal is to ensure compliance to maintain the highest safety standards in air navigation. Failure to comply with ADs can result in grounding of aircraft, which could lead to further civil or criminal liability for the operators involved.