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 205/59 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, 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 Australian Parliament, establishes a framework for civil aviation safety and regulation within Australia. It provides the legislative basis for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are critical for maintaining the safety and airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further elaborate on the procedures and requirements for issuing ADs, ensuring compliance with international standards and obligations under the Convention on International Civil Aviation. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 aim to ensure the safety of air navigation and the continuing airworthiness of aircraft through regulatory oversight and compliance with international conventions. The policy objective is to maintain high safety standards in civil aviation by ensuring that all aircraft meet stringent airworthiness criteria, thus protecting the public and promoting efficient and safe air travel.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, pertain to the regulation of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation and compliance with international standards. Under the authority granted by section 98 of the Act, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered legislative instruments under the Acts Interpretation Act 1901 and are subject to disallowance. The issuance and cancellation of ADs are guided by Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design provides necessary information to ensure continuing airworthiness, while the State of Registry enforces these requirements on individual aircraft. CASA, acting on behalf of the Australian government, has the responsibility to ensure these directives meet both national and international safety standards. In the specific case of AD/BELL 205/59 concerning Bell 205 aircraft, CASA has cancelled the directive in compliance with international obligations, with the cancellation effective from 12 March 2009, and no replacement directive is required.
Key Provisions
Under the Civil Aviation Act 1988, the Governor-General has the authority to make regulations aimed at ensuring the safety of air navigation (s 98). Specifically, 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 ADs are designed to maintain the continuing airworthiness of aircraft and are considered legislative instruments (s 6, Legislative Instruments Act 2003). As per subregulation 39.001(5), ADs fall under the category of disallowable instruments, as per section 46A of the Acts Interpretation Act 1901.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, including CASA, are mandated to ensure the continuing airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the ongoing airworthiness of an aircraft type, while the State of Registry must implement or adopt requirements to maintain the airworthiness of individual aircraft within its jurisdiction. CASA, in its capacity, has issued, reviewed, and subsequently cancelled AD/BELL 205/59 concerning Bell 205 aircraft, with the cancellation taking effect from 12 March 2009. This action aligns with Australia's obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required for this cancellation.
Failure to comply with airworthiness directives could result in severe consequences, both civil and criminal. Under the Civil Aviation Act 1988, non-compliance with an AD may be considered an offence, subjecting the offender to penalties. The maximum penalties for such offences are not explicitly stated in the provided text, but they generally include fines and potential imprisonment, depending on the severity and frequency of the breach. Additionally, non-compliance could lead to more severe aviation safety issues, potentially resulting in accidents or incidents that could endanger lives and property.