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-2/6 affecting Brantly B-2 helicopters. CASA has assessed this AD and as a result has cancelled AD/B-2/6. The cancellation will become effective on 7 May 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, 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 to govern the regulation of civil aviation in Australia, includes provisions for ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations that serve the interests of safety, which are enforced by the Civil Aviation Safety Authority (CASA). Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are crucial for maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design has the primary responsibility for providing necessary information to ensure an aircraft type's ongoing airworthiness. CASA, as Australia's national airworthiness authority, evaluates these directives and, when necessary, issues corresponding Australian ADs to mandate specific requirements. The recent cancellation of AD/B-2/6 affecting Brantly B-2 helicopters exemplifies CASA's role in ensuring that safety standards are met, and it highlights the importance of these directives in maintaining the safety of Australian airspace.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a legislative framework for the issuance and management of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs for specific kinds of aircraft or aeronautical products under regulation 39.001, with the primary aim of ensuring the safety of air navigation. This regulatory mechanism is integral to maintaining the airworthiness of aircraft, particularly in light of the responsibilities delineated in Annex 8 to the Convention on International Civil Aviation, where the State of Design is tasked with ensuring the continuing airworthiness of aircraft types and the State of Registry is responsible for the individual aircraft's ongoing compliance with airworthiness standards. In accordance with these international obligations, CASA must assess and, if necessary, issue Australian ADs to align with the directives from States of Design when they pertain to aircraft registered in Australia. These directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901, and their creation is overseen by the Manager, Systems and New Technologies within CASA's Airworthiness Engineering Group, as outlined in subsection 84A(2) of the Act. Notably, the issuance and cancellation of such directives are not subject to public consultation or a Regulatory Impact Statement, as they are directly tied to international obligations and safety imperatives.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Specifically, section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations empowers CASA to issue ADs for certain types of aircraft or aeronautical products. It is important to note that these ADs are considered legislative instruments under the Legislative Instruments Act 2003, and can be disallowed by Parliament in accordance with the Acts Interpretation Act 1901.
The issuance of ADs is governed by international standards set out in Annex 8 to the Convention on International Civil Aviation, which places responsibility for the continuing airworthiness of aircraft with the State of Design and the State of Registry. The State of Design must provide necessary information to ensure the airworthiness of a type of aircraft, while the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. In Australia, CASA acts as the national airworthiness authority and must assess information from the State of Design to determine whether an Australian AD is required.
The Civil Aviation Safety Regulations 1998 also provide for the cancellation of ADs when an unsafe condition no longer exists. This has occurred in the case of AD/B-2/6, which affected Brantly B-2 helicopters. CASA has assessed the AD and cancelled it, effective from 7 May 2009. As the cancellation is a result of Australia's obligations under the Convention on International Civil Aviation, there has been no consultation with the Australian public, and no Regulatory Impact Statement is required. The AD was 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.
Non-compliance with ADs can result in serious consequences, both civil and criminal. Under section 52 of the Civil Aviation Act 1988, failure to comply with an AD can be an offence, with penalties of up to 50 penalty units for individuals and 250 penalty units for corporations. In addition, CASA may take enforcement action, such as grounding an aircraft or suspending an operator's licence. In serious cases, individuals may face criminal prosecution and imprisonment, while corporations may be subject to substantial fines. It is therefore essential that all parties governed by ADs comply with their requirements to ensure the safety of air navigation.