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 205/29 affecting Bell 205 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 12 March 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 acting Manager, Airframes 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 ensure the safety of air navigation within Australia. This Act grants the Governor-General the authority to establish regulations that safeguard air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The objective of these ADs is to maintain the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. Recently, CASA reviewed and subsequently cancelled AD/BELL 205/29, which pertained to Bell 205 aircraft, effective 12 March 2009, due to these international obligations. Given the nature of this cancellation, no public consultation was necessary, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. This cancellation was executed by the acting Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the provisions of the Act.
Scope and Application
The Civil Aviation Act 1988 applies to various entities involved in the regulation and operation of civil aviation in Australia, encompassing both individuals and corporate entities, including aircraft operators, manufacturers, and maintenance providers. Specifically, the Act empowers the Governor-General to issue regulations that promote the safety of air navigation, with the Civil Aviation Safety Regulations 1998 detailing the process for issuing airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments that ensure the continuing airworthiness of aircraft and aeronautical products, and they apply nationally across Australia. The scope of ADs is extensive, covering all types of aircraft registered in Australia, and they are issued in compliance with international standards set by the Convention on International Civil Aviation. Exemptions and exclusions from the application of ADs would typically be determined on a case-by-case basis by CASA, depending on the specific circumstances of the aircraft and the nature of the safety issue addressed. The jurisdictional reach of the ADs is national, and they may be extended or restricted through subordinate instruments, such as additional regulations or notices issued by CASA.
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 types of aircraft or aeronautical products (Civil Aviation Act 1988, s 98; Civil Aviation Safety Regulations 1998, r 39.001). This provision ensures that CASA can mandate necessary safety measures and standards for the continued operation of specific aircraft types. An airworthiness directive, as defined by subregulation 39.001(5), is a legislative instrument and is subject to disallowance under section 46A of the Acts Interpretation Act 1901. The legislative instrument status of ADs is further clarified by section 6 of the Legislative Instruments Act 2003.
Under the Civil Aviation Safety Regulations 1998, the obligations on the parties involved are quite specific. CASA, as the regulatory authority, must ensure that ADs are issued to maintain the continuing airworthiness of aircraft types, in accordance with Australia's obligations under the Convention on International Civil Aviation. The State of Design is responsible for providing all necessary information to ensure the airworthiness of an aircraft type, which must be communicated to the appropriate States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. This dual responsibility framework ensures a comprehensive approach to maintaining aircraft safety and compliance with international standards.
Breaching the requirements set out in the Civil Aviation Safety Regulations 1998 can lead to various consequences. While specific offences and penalties are not detailed in the provided text, regulatory non-compliance generally leads to enforcement actions by CASA. These actions may include fines, suspension or revocation of airworthiness certificates, and other administrative penalties. The severity of these penalties depends on the nature and extent of the breach, with potential maximum penalties outlined in relevant sections of the Civil Aviation Act 1988 and associated regulations. For instance, serious safety breaches may attract significant financial penalties and operational restrictions on the offending aircraft or operator.