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, 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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The US FAA has issued AD 2007-19-53 affecting Bell 205 model helicopters. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BELL 205/73, which will become effective on 18 September 2007.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. 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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, serves to establish and regulate civil aviation within the country, ensuring safety and efficiency in air navigation. The Act provides the authority for the Civil Aviation Safety Regulations 1998, which include provisions for issuing airworthiness directives (ADs) to maintain the safety of aircraft. Under section 98 of the Civil Aviation Act, the Governor-General can make these regulations, and regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain aircraft types or aeronautical products. These ADs are legislative instruments subject to disallowance and must comply with the Legislative Instruments Act 2003. The objective is to align Australian civil aviation safety standards with international obligations, particularly those set by the International Civil Aviation Organization (ICAO), ensuring the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for issuing airworthiness directives (ADs) in Australia. Specifically, under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products. This regulatory mechanism is designed to ensure the safety of air navigation, in line with international obligations under Annex 8 to the Convention on International Civil Aviation. ADs are typically issued in response to findings by the State of Design or other ICAO Contracting States, which necessitates a prompt and coordinated regulatory response from CASA. For example, in response to the US Federal Aviation Administration's AD 2007-19-53 concerning Bell 205 model helicopters, CASA issued its own directive, AD/BELL 205/73, which became effective on 18 September 2007. Such ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Importantly, the issuance of ADs generally does not require public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and existing ADs from other states, ensuring that safety measures are implemented without unnecessary delay.
Key Provisions
The Civil Aviation Act 1988 (sections 98 and 84A) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) lay out the framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98, the Governor-General can make regulations to enhance air navigation safety, while regulation 39.001 specifies that the Civil Aviation Safety Authority (CASA) can issue ADs for specific aircraft or aeronautical products. These ADs are considered legislative instruments and must comply with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA, as Australia’s national airworthiness authority, to assess any ADs issued by the State of Design, which is the country responsible for the design of the aircraft. If CASA deems it necessary, it must then issue an Australian AD to ensure compliance with the State of Design’s requirements. This process is critical for maintaining the safety and airworthiness of aircraft registered in Australia, aligning with international standards set by the Convention on International Civil Aviation.
There are no specific offences, penalties, or civil/criminal consequences outlined for non-compliance with ADs in the text provided. However, non-compliance with ADs generally results in significant legal and safety repercussions. Such non-compliance could potentially lead to enforcement actions by CASA, which may include fines, suspension, or revocation of the aircraft’s certificate of airworthiness, and possibly even criminal charges if the non-compliance leads to an accident or incident that endangers safety. The specific penalties would depend on the severity of the non-compliance and the resultant consequences, but they can be substantial under aviation safety laws.