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 205/35 Amdt 1 affecting Bell 205 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 9 April 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 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 by the Commonwealth Parliament, was introduced to establish a comprehensive framework for the regulation of civil aviation in Australia, with a strong emphasis on ensuring the safety of air navigation. Section 98 of this Act empowers the Governor-General to make regulations for its purposes, particularly focusing on the safety of air navigation. The Civil Aviation Safety Regulations 1998, which were also made under this Act, delegate the authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. These ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, aligning with Australia's obligations under international conventions, particularly Annex 8 to the Convention on International Civil Aviation. This legislative instrument was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Act's provisions.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a legislative framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Act, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. This authority extends to mandating specific maintenance, repair, or operational requirements to ensure the continuing airworthiness of aircraft types registered in Australia. Each AD is considered a legislative instrument and can be disallowed under section 46A of the Acts Interpretation Act 1901. The ADs are integral to the international regime established under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of aircraft with the State of Registry and the State of Design. In this context, Australia has cancelled AD/BELL 205/35 Amdt 1, which affected Bell 205 aircraft, as a result of Australia's obligations under the Convention on International Civil Aviation, and no further consultation or regulatory impact statement was required for this action.
Key Provisions
The Civil Aviation Act 1988 (sections 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Under this regulation, an AD is a legislative instrument that CASA can issue to ensure the safety of air navigation. This instrument is crucial as it mandates actions to be taken to maintain the airworthiness of aircraft, aligning with Australia’s obligations under the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft type is designed, holds the responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of that aircraft.
The obligations imposed on parties governed by these provisions are multifaceted. Firstly, the State of Design must provide all necessary information to ensure the continuing airworthiness of an aircraft type to the appropriate State of Registry. This ensures that all relevant safety information is communicated and that the aircraft can be maintained in a safe condition. Secondly, the State of Registry must implement or adopt requirements to ensure the continuing airworthiness of aircraft, which includes adhering to the ADs issued by CASA. This means that aircraft operators, maintenance providers, and other stakeholders must comply with the directives to ensure that aircraft remain safe to operate.
Failing to comply with the provisions of the ADs can lead to significant consequences. While the Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences or penalties for non-compliance with ADs, non-compliance with regulations generally can lead to enforcement actions under the Civil Aviation Act 1988. These actions can include fines, imprisonment, or both, depending on the severity of the breach. Additionally, non-compliance can result in the grounding of aircraft, which can have severe operational and financial repercussions for the operators and owners of the aircraft. It is important for all parties involved in the operation and maintenance of aircraft to ensure strict adherence to the ADs to avoid these consequences.