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 205/44 affecting Bell 205 helicopters in 1979. 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 to ensure the safety and efficiency of civil aviation in Australia, authorises the Governor-General to create regulations for air navigation safety. Under this Act, the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft and aeronautical products. These directives are essential tools for compliance with international standards, particularly those set by the International Civil Aviation Organization (ICAO), and are critical in ensuring the safety and efficiency of air navigation. CASA's role in issuing and managing ADs is supported by regulation 39.001 of the Civil Aviation Safety Regulations 1998, which recognises ADs as legislative instruments. The cancellation of a specific AD, such as AD/BELL 205/44 for Bell 205 helicopters, is a direct response to Australia’s obligations under the Convention on International Civil Aviation, illustrating the interplay between national regulation and international standards in civil aviation safety.
Scope and Application
The Civil Aviation Act 1988, as amended, provides the legislative framework under which the Civil Aviation Safety Authority (CASA) operates, including the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises CASA to issue ADs for particular types of aircraft or aeronautical products. These ADs are legislative instruments, disallowable under the Acts Interpretation Act 1901 and subject to the provisions of the Legislative Instruments Act 2003. The geographic reach of these regulations is national, applying to all aircraft and aeronautical products registered within Australia. The State of Design and the State of Registry have responsibilities under Annex 8 to the Convention on International Civil Aviation, with the former providing necessary information for continuing airworthiness and the latter ensuring the maintenance of airworthiness standards. The AD in question, affecting Bell 205 helicopters, has been cancelled due to Australia’s obligations under the Convention, and no replacement AD is required. This cancellation process did not involve public consultation or require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to create regulations aimed at ensuring the safety of air navigation. In accordance with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are essential tools for maintaining the safety and airworthiness of aircraft, and they are legally binding instruments as outlined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998.
The obligations placed on parties governed by this Act primarily rest on ensuring the continuing airworthiness of aircraft. The State of Design, as per Annex 8 of the Convention on International Civil Aviation, bears the overall responsibility for the airworthiness of an aircraft type, including providing necessary information to States of Registry. Conversely, the State of Registry, which in Australia is CASA, must develop or adopt requirements to ensure that individual aircraft remain airworthy. These requirements include the issuance of ADs, which serve as a primary means of continuing airworthiness information. The ADs are intended to ensure that aircraft meet the safety standards required by international conventions and Australian regulations.
The Civil Aviation Safety Regulations 1998 stipulate that ADs are legislative instruments, which means they must comply with the provisions of the Legislative Instruments Act 2003. Any AD issued by CASA must adhere to these legislative requirements, and the AD/BELL 205/44 for Bell 205 helicopters, issued in 1979, was subject to these provisions. CASA has the authority to review and, if necessary, cancel ADs, as demonstrated by the cancellation of AD/BELL 205/44, which became effective on 19 November 2009. This cancellation was due to Australia’s obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required.
In terms of consequences for breach, the Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences or penalties for non-compliance with ADs. However, non-compliance with airworthiness directives can lead to severe civil and criminal penalties under other sections of the Civil Aviation Act 1988. For example, failure to comply with an airworthiness directive may result in the grounding of an aircraft, fines, and potential imprisonment for individuals or corporations responsible for the non-compliance. The severity of these penalties underscores the importance of adhering to ADs to maintain the safety and airworthiness of aircraft within Australia.