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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/BELL 205/19 Amdt 1 affecting Bell 205 helicopters in 1974. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 19 November 2009. No replacement AD is required.
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, New Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to ensure the safety and efficiency of civil aviation in Australia, empowers the Governor-General to make regulations conducive to air navigation safety. Complementing this act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are legislative instruments under the Acts Interpretation Act 1901. The Civil Aviation Act 1988, in concert with international standards outlined in Annex 8 of the Convention on International Civil Aviation, places responsibility for an aircraft's continuing airworthiness on both the State of Design and the State of Registry. CASA has historically issued and subsequently cancelled ADs, as exemplified by AD/BELL 205/19 Amdt 1 affecting Bell 205 helicopters, which was cancelled in 2009 due to Australia's international obligations, without necessitating public consultation or a Regulatory Impact Statement. The AD cancellation was authorised by CASA under the Act, reflecting the regulatory authority's commitment to international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, ensuring that aircraft and aeronautical products meet necessary safety standards. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the power to issue ADs for particular types of aircraft or aeronautical products. As legislative instruments, ADs are subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives are crucial for maintaining the continuing airworthiness of aircraft, a responsibility primarily borne by the State of Design and the State of Registry as outlined in Annex 8 of the Convention on International Civil Aviation. In the case of Australia, CASA has the authority to issue, review, and, when necessary, cancel such directives, as demonstrated by the cancellation of AD/BELL 205/19 Amdt 1 for Bell 205 helicopters, effective from 19 November 2009, without the need for public consultation due to international obligations.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to establish regulations in the interest of air navigation safety. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are instrumental in ensuring the ongoing airworthiness of aircraft and are considered legislative instruments, as specified in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 and section 6 of the Legislative Instruments Act 2003.
The obligations placed on parties by the Act and the Regulations include a clear delineation of responsibilities. The State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation, bears the overall responsibility for the continuing airworthiness of an aircraft type and must furnish necessary information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft, thereby maintaining compliance with Annex 8. CASA, acting on behalf of the Australian government, issues these ADs to enforce these standards and ensure safety.
There are specific consequences for non-compliance with the ADs. Although the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly outline criminal or civil penalties for failing to comply with an AD, the failure to adhere to these directives could result in significant safety risks. CASA has the authority to take enforcement actions, including grounding non-compliant aircraft, which can have severe operational and financial implications for operators. Furthermore, non-compliance can lead to international scrutiny and potential restrictions on airworthiness certification, impacting the aircraft's ability to operate both domestically and internationally.
The cancellation of a specific AD, such as AD/BELL 205/19 Amdt 1 for Bell 205 helicopters, highlights the dynamic nature of aviation safety regulations. This AD, issued in 1974 and subsequently cancelled by CASA, exemplifies the regulatory process driven by Australia’s obligations under international conventions, such as the Convention on International Civil Aviation. The cancellation, effective from 19 November 2009, signifies an evolution in safety standards, with no replacement AD deemed necessary. This action, made in accordance with subsection 84A(2) of the Act, demonstrates CASA's commitment to maintaining stringent safety protocols while responding to international obligations and technological advancements.