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 206/103 affecting Bell 206B III helicopters in 1986. 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 Initial Airworthiness in the Airworthiness and 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, provides the legislative framework for the regulation of civil aviation within Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA), to safeguard the safety of air navigation. The Civil Aviation Safety Regulations 1998, under regulation 39.001, mandate CASA to issue airworthiness directives for specified types of aircraft or aeronautical products, which serve as a legislative instrument according to the Legislative Instruments Act 2003. The Civil Aviation Act 1988 thus seeks to align Australia's civil aviation safety standards with international obligations under the Convention on International Civil Aviation, ensuring that Australian aviation practices are consistent with global safety protocols.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are legislative instruments, as specified under subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. The primary aim of these regulations is to ensure the safety of air navigation in accordance with section 98 of the Civil Aviation Act 1988. ADs are pivotal in maintaining the continuing airworthiness of aircraft, aligning with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. The issuance of such directives is a common practice among ICAO Contracting States, with CASA having issued and subsequently cancelled AD/BELL 206/103 for Bell 206B III helicopters in 1986. The cancellation of this directive, effective from 19 November 2009, reflects Australia's adherence to international obligations, thus precluding the need for public consultation. The regulatory process for ADs does not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Governor-General to make regulations for the safety of air navigation and allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products, respectively. An AD is a legislative instrument as defined in the Legislative Instruments Act 2003, and it is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. These directives are vital for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure airworthiness, while the State of Registry must implement requirements to maintain it. For example, CASA issued an AD/BELL 206/103 for Bell 206B III helicopters in 1986, which has since been cancelled due to Australia's international obligations, effective from 19 November 2009, without the need for a replacement AD.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and other entities include the responsibility to issue ADs to ensure the continuing airworthiness of aircraft. CASA, as the authority in charge, must review and potentially cancel ADs when necessary, as seen with the AD/BELL 206/103. The State of Registry must develop and adopt specific requirements to ensure that aircraft under its jurisdiction remain airworthy. Furthermore, the State of Design must provide any information required to support the airworthiness efforts of the State of Registry. These obligations reflect the international commitment under the Convention on International Civil Aviation, which mandates that both States of Design and Registry take active roles in maintaining the safety of aircraft.
Failure to comply with airworthiness directives or the obligations set forth in the Civil Aviation Safety Regulations 1998 can result in severe consequences. Although the specific penalties for non-compliance with ADs are not detailed in the provided text, general aviation regulations typically impose significant fines and potential criminal penalties for breaches. For instance, non-compliance with ADs could lead to grounding of the aircraft, suspension of operational certificates, and legal action against the operator. Additionally, any failure to meet the continuing airworthiness requirements can result in safety hazards, leading to civil liability for damages and potential criminal charges under aviation safety laws. The severity of the penalties underscores the critical importance of adhering to these regulations and directives to ensure the safety of air navigation.