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.
Federal Aviation Administration (FAA) issued AD 92-07-08, affecting Bell 205 model helicopters, in 1995. US were the State of Design for this type at the time this FAA AD was issued. CASA has assessed this AD and has issued Australian
AD/BELL 205/75, which will become effective on 12 March 2009.
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 acting Manager, Airframe & Structures 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 Parliament of Australia, establishes the framework for the regulation of civil aviation within Australia, aiming to ensure the safety of air navigation and the continuing airworthiness of aircraft. One critical aspect of this legislation is the authority it grants the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives, which are legislative instruments under section 46A of the Acts Interpretation Act 1901, are issued in response to international obligations under the Convention on International Civil Aviation and aim to mandate necessary safety measures for aircraft types registered in Australia. The Civil Aviation Act 1988 thus addresses the need for standardised safety protocols in civil aviation, ensuring that Australian aviation practices align with international safety standards.
Scope and Application
The Civil Aviation Act 1988, through the Civil Aviation Safety Regulations 1998, provides the framework for issuing airworthiness directives (ADs) in Australia, which are legal instruments issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft registered in Australia. Under this legislation, CASA has the authority to issue ADs in response to airworthiness concerns identified by the State of Design or other international regulatory authorities, such as the Federal Aviation Administration of the United States. The ADs are aimed at specific types or models of aircraft and related aeronautical products, and their primary purpose is to mandate compliance with certain safety requirements. These regulations apply to all aircraft registered in Australia, thereby affecting both the State of Registry and the aircraft operators. The ADs are issued in accordance with international standards set by the Convention on International Civil Aviation, particularly Annex 8, and do not require public consultation or a Regulatory Impact Statement as they are responses to international obligations and safety concerns. The ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and they are issued by authorised personnel within CASA.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Regulation 39.001(5) further clarifies that these ADs are considered disallowable instruments under the Acts Interpretation Act 1901, and thus fall within the scope of legislative instruments as defined by the Legislative Instruments Act 2003. The requirement for CASA to issue these ADs stems from Australia's commitment to international aviation safety standards as stipulated in 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.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 mandate that CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design for aircraft types registered in Australia. If deemed appropriate, CASA must issue corresponding Australian ADs to ensure compliance with the safety standards established by the State of Design. This process is exemplified by CASA's assessment and issuance of Australian AD/BELL 205/75, which became effective on 12 March 2009, in response to the Federal Aviation Administration's AD 92-07-08 for Bell 205 model helicopters. Furthermore, the State of Registry, which in this case is Australia, is obligated to develop or adopt requirements to ensure the continuing airworthiness of registered aircraft.
Breaching the requirements set forth in an AD can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in both civil and criminal penalties. The specific penalties are determined based on the severity of the breach, but they can include substantial fines and imprisonment. For example, under section 135 of the Act, an individual found guilty of an offence related to non-compliance with an AD can face fines up to a certain monetary limit and imprisonment for up to a specified number of years. The exact penalties depend on the nature and extent of the breach and are enforced by relevant aviation authorities to ensure adherence to safety regulations and the overall safety of air navigation.