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 205/2 affecting Bell 205 helicopters in 1968. 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 by the Australian Parliament, governs the regulation of civil aviation and air navigation within Australia, with a primary focus on ensuring safety. One of the mechanisms through which this is achieved is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments used by the Civil Aviation Safety Authority (CASA) to maintain the continuing airworthiness of aircraft and aeronautical products. The ADs serve to comply with international standards set by the International Civil Aviation Organization (ICAO), particularly under Annex 8, which outlines the responsibilities of the State of Design and State of Registry regarding airworthiness. The Civil Aviation Safety Regulations 1998 provide that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and is thus subject to parliamentary scrutiny. The ADs are a critical tool for CASA in fulfilling its mandate to ensure the safety of air navigation in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide a framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations apply to entities involved in the aviation industry, including aircraft manufacturers, operators, and other stakeholders. They are designed to ensure the safety of air navigation and the continuing airworthiness of aircraft. An AD is a legislative instrument, created under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers CASA to issue directives concerning specific types of aircraft or aeronautical products. The ADs are influenced by international standards, specifically Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information to the State of Registry to ensure continuing airworthiness. The State of Registry, in this case CASA, is responsible for ensuring that aircraft meet the required safety standards. In the specific case of AD/BELL 205/2, affecting Bell 205 helicopters, CASA has cancelled the directive, effective from 19 November 2009, without the need for a replacement AD due to Australia’s obligations under the Convention on International Civil Aviation. Given the nature of ADs, they do not require consultation with the Australian public or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the safety of air navigation in Australia. Section 98 of the Act empowers the Governor-General to make regulations, while regulation 39.001 specifically authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified aircraft or aeronautical products. These ADs are legislative instruments as per section 6 of the Legislative Instruments Act 2003, and they are disallowable under section 46A of the Acts Interpretation Act 1901.
Under the Civil Aviation Safety Regulations 1998, CASA is required to issue ADs to ensure the continuing airworthiness of certain aircraft. The ADs are based on the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design overall responsibility for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, must ensure the continuing airworthiness of individual aircraft by developing or adopting necessary requirements. The AD/BELL 205/2, affecting Bell 205 helicopters, was issued by CASA or its predecessors in 1968 but has since been reviewed and cancelled, effective from 19 November 2009, due to Australia's obligations under the Convention on International Civil Aviation. Given that this cancellation was necessitated by international obligations, there was no consultation with the Australian public, and a Regulatory Impact Statement was not required as determined by the Office of Best Practice Regulation.
The obligations imposed by these regulations include the issuance and compliance with ADs by CASA and the State of Registry. CASA must ensure that ADs are issued in accordance with international standards to maintain airworthiness, and the State of Registry must implement these directives for individual aircraft. Failure to comply with ADs can result in serious safety risks, and while specific offences and penalties are not detailed in the provided text, non-compliance with safety regulations generally can lead to enforcement actions by CASA, including fines and other civil or criminal consequences. The maximum penalties for breaches of civil aviation safety regulations can be substantial, reflecting the high priority placed on aviation safety.