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 205/42 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, enacted to ensure the safety and efficiency of civil aviation within Australia, is supplemented by the Civil Aviation Safety Regulations 1998. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. These directives are integral to adhering to Australia’s obligations under the Convention on International Civil Aviation. Specifically, the Civil Aviation Act 1988 enables the Governor-General to make regulations in the interest of air navigation safety, while the Civil Aviation Safety Regulations 1998 detail the process for issuing ADs, which are legislative instruments. The policy objective of these regulations is to maintain high safety standards and ensure that the state of registry of an aircraft is responsible for its continuing airworthiness, aligning with international standards set by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, outlines the framework for ensuring the safety of air navigation, with specific emphasis on the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs for various types of aircraft and aeronautical products to ensure ongoing airworthiness, aligning with the requirements set forth in Annex 8 to the Convention on International Civil Aviation. The State of Design and the State of Registry play integral roles in this framework, with the former responsible for providing information necessary to maintain airworthiness and the latter tasked with implementing requisite measures to ensure the safety and airworthiness of individual aircraft within its jurisdiction. The issuance, review, and cancellation of ADs are legislative instruments under Australian law, subject to the Legislative Instruments Act 2003, and align with international obligations, as evidenced by the cancellation of AD/BELL 205/42 due to Australia’s adherence to the Convention on International Civil Aviation. These directives, while critical to aviation safety, do not require public consultation or a Regulatory Impact Statement under current regulatory frameworks.
Key Provisions
The Civil Aviation Act 1988, particularly under section 98, allows the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003, as per subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998.
In terms of obligations, the State of Design, as per Annex 8 of the Convention on International Civil Aviation, holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type. This entails providing necessary information to States of Registry to maintain airworthiness. The State of Registry, meanwhile, is responsible for the continuing airworthiness of individual aircraft, requiring it to develop or adopt appropriate requirements. CASA, under its mandate, issues ADs, which are critical tools in continuing airworthiness management. A notable example is AD/BELL 205/42, which pertained to Bell 205 aircraft and was subsequently cancelled by CASA on 12 March 2009, following Australia's obligations under the Convention on International Civil Aviation.
There are no public consultations required for the cancellation of ADs, and the Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement. The cancellation of AD/BELL 205/42 was carried out by the Acting Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Regarding penalties and consequences, the Act does not specify detailed penalties for non-compliance with ADs in the provided text. However, failure to comply with airworthiness directives can result in severe consequences, including potential grounding of aircraft, fines, and other regulatory actions. The severity of these consequences can vary, but they are intended to enforce compliance to maintain the high safety standards required in civil aviation.