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 Civil Aviation Safety Authority or its predecessors issued AD/B-2/24 affecting Brantly B-2A and B-2B helicopters. CASA has assessed this AD and as a result has cancelled AD/B-2/24. The cancellation will become effective on 4 June 2009. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations that serve the interests of aviation safety, including the issuance of airworthiness directives (ADs) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, considered legislative instruments under the Legislative Instruments Act 2003, are issued by the Civil Aviation Safety Authority (CASA) to mandate continuing airworthiness of aircraft types. In line with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for providing necessary information to ensure the continuing airworthiness of aircraft types, while the State of Registry is tasked with implementing these requirements. In this instance, CASA has cancelled AD/B-2/24, which affected Brantly B-2A and B-2B helicopters, due to the resolution of the unsafe condition identified. This cancellation was executed without public consultation and deemed unnecessary for a Regulatory Impact Statement, reflecting the streamlined process intended for such regulatory actions.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, applies to the issuance of airworthiness directives (ADs) which are legislative instruments designed to ensure the continuing airworthiness of aircraft types and aeronautical products. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs that are binding for specific kinds of aircraft registered in Australia, in line with international obligations under the Convention on International Civil Aviation. The ADs mandate specific requirements to maintain airworthiness standards, and the State of Registry, including CASA, is responsible for ensuring that these requirements are met. ADs are a common tool used by ICAO Contracting States to communicate and enforce continuing airworthiness measures. The AD/B-2/24, which affected Brantly B-2A and B-2B helicopters, was assessed and subsequently cancelled by CASA as the unsafe condition it addressed no longer exists, hence no replacement AD is required. This cancellation is pursuant to Australia's obligations under the Convention on International Civil Aviation, and it has been implemented without public consultation or the requirement of a Regulatory Impact Statement. The authority to issue these ADs is exercised by CASA, with specific ADs being made by designated managers within CASA in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Complementing this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. ADs play a crucial role in maintaining the continuing airworthiness of aircraft types, as stipulated under Annex 8 to the Convention on International Civil Aviation, which places the responsibility on the State of Design. The State of Registry, in this case, CASA in Australia, must ensure the aircraft’s ongoing airworthiness by implementing necessary requirements.
Under these regulations, CASA must assess and, if required, issue Australian ADs when a State of Design issues a directive against a type of aircraft registered in Australia. This was the case with AD/B-2/24, which affected Brantly B-2A and B-2B helicopters. After evaluating the AD, CASA determined that the unsafe condition no longer existed, leading to the cancellation of AD/B-2/24, effective from 4 June 2009. Importantly, no replacement AD was needed because the unsafe condition had been resolved. This cancellation process aligns with Australia's obligations under the Convention on International Civil Aviation, and as such, there was no requirement for public consultation on the cancellation of this AD.
The issuing of ADs, including their cancellation, is managed by the Manager, Airframe and Structures, within the Airworthiness Engineering Group at CASA. This action is taken in accordance with subsection 84A(2) of the Civil Aviation Act 1988. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement, further streamlining the process. Failure to comply with ADs can have significant legal and safety repercussions, including potential penalties under the Civil Aviation Act 1988 and related regulations. Violation of ADs may lead to enforcement actions by CASA, which can range from fines to more severe penalties, depending on the nature and severity of the breach.