AD/BELL 205/6 - Cyclic Control Supports - Inspection - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to provide a legislative framework for the safety and efficiency of civil aviation in Australia. This Act authorises the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. In accordance with section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established to provide detailed requirements for civil aviation safety, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). Regulation 39.001 of these regulations empowers CASA to issue airworthiness directives for certain types of aircraft or aeronautical products, ensuring that these directives are legislative instruments as per the Legislative Instruments Act 2003. The objective of these directives is to maintain the continuing airworthiness of aircraft in accordance with Australia's obligations under the Convention on International Civil Aviation and Annex 8, which outlines the responsibilities of the State of Design and the State of Registry for ensuring the airworthiness of aircraft. The cancellation of an existing airworthiness directive for Bell 205 aircraft, effective from 9 April 2009, reflects CASA's adherence to these international obligations without necessitating public consultation or a Regulatory Impact Statement.

Scope and Application

The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001. This authority is exercised to ensure the safety of air navigation, as mandated by section 98 of the Act. Airworthiness directives are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and regulated by the Legislative Instruments Act 2003. The issuance of these directives is aligned with international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. In Australia, the State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft. As per the Convention, ADs are a common form of continuing airworthiness information, issued by most ICAO Contracting States. In this instance, CASA has cancelled AD/BELL 205/6, which affected Bell 205 aircraft, effective from 9 April 2009, without issuing a replacement directive due to Australia’s obligations under the Convention. This cancellation process did not require consultation with the Australian public, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.

Key Provisions

The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to create regulations that support the Act and prioritise air navigation safety. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, per section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument. The obligations of the State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation, are to ensure the continuing airworthiness of an aircraft type, providing necessary information to the appropriate States of Registry. The State of Registry of an individual aircraft is tasked with ensuring the ongoing airworthiness of that aircraft, developing or adopting the necessary requirements as stipulated in Annex 8. CASA has issued AD/BELL 205/6 affecting Bell 205 aircraft, which has subsequently been reviewed and cancelled by CASA, with the cancellation effective from 9 April 2009. No replacement AD is necessary. In terms of the consequences of breach, the Civil Aviation Safety Regulations 1998 do not explicitly state offences or penalties related to the issuance or non-compliance with airworthiness directives. However, non-compliance with such directives could potentially result in severe consequences, including the grounding of aircraft, which could lead to civil or criminal liability depending on the circumstances and the extent of any resulting harm. The cancellation of AD/BELL 205/6 has been carried out in accordance with Australia’s obligations under the Convention on International Civil Aviation, without the need for public consultation or a Regulatory Impact Statement.