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 205/26 affecting Bell 205 model aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 12 February 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, Systems and New Technology 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 provide a legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation and related activities. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, and under this authority, the Civil Aviation Safety Regulations 1998 were established, including provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and are essential for maintaining the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation. In line with these international obligations, CASA has the responsibility to issue and manage ADs, which ensures compliance with safety standards and facilitates the ongoing airworthiness of aircraft registered in Australia. The cancellation of a particular AD affecting Bell 205 model aircraft is a result of these international obligations, and no public consultation was necessary as per the determination of the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988 and the associated 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 to ensure the safety of air navigation. The authority to issue these directives is granted under section 98 of the Act and regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments and subject to disallowance under section 46A of the Acts Interpretation Act 1901. ADs are crucial for maintaining the continuing airworthiness of aircraft types, with the State of Design having the overarching responsibility under Annex 8 to the Convention on International Civil Aviation. The State of Registry of an individual aircraft also plays a vital role in ensuring the aircraft's ongoing airworthiness by adopting or developing necessary requirements. The cancellation of a specific AD, such as AD/BELL 205/26 affecting Bell 205 model aircraft, reflects Australia's commitment to international civil aviation standards and is managed by CASA, without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types 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 thus qualify as legislative instruments according to section 6 of the Legislative Instruments Act 2003. This legal framework allows CASA to take action to ensure the safety and airworthiness of aircraft operating within Australia.
The obligations imposed by these regulations primarily fall on CASA, which must issue ADs to maintain the airworthiness of aircraft. The State of Registry, which is responsible for the individual aircraft, must ensure compliance with these directives to maintain the aircraft's airworthiness. Additionally, the State of Design, which is responsible for the overall airworthiness of a particular aircraft type, must provide necessary information to support the continuing airworthiness of the aircraft type, in line with Annex 8 of the Convention on International Civil Aviation.
Failure to comply with the airworthiness directives or to ensure the airworthiness of an aircraft can lead to serious consequences. While the specific penalties for non-compliance are not detailed in the text, it is reasonable to infer that breaches of these safety regulations could result in enforcement actions by CASA, potentially including fines, suspension or revocation of airworthiness certificates, and other regulatory penalties. The safety implications of non-compliance could also lead to criminal charges if an incident results in harm or loss of life.
The Civil Aviation Safety Regulations 1998 also outline the process for issuing and cancelling ADs. For instance, CASA issued and subsequently cancelled AD/BELL 205/26 concerning Bell 205 model aircraft, effective from 12 February 2009. This action was taken in accordance with Australia’s obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was deemed necessary. The AD was cancelled by the Manager, Systems and New Technology in the Airworthiness Engineering Group on behalf of CASA, in compliance with subsection 84A(2) of the Act.