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 Civil Aviation Safety Authority or its predecessors issued AD/BELL 206/105 Amendment 1 affecting Bell 206 model aircraft. CASA has assessed this AD and as a result has cancelled it. The cancellation will become effective on 23 October 2008. No replacement AD is required, as the unsafe condition no longer exists.
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, 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 Parliament of Australia, addresses the overarching need to ensure the safety and efficiency of civil aviation within Australia. This Act establishes the framework under which the Civil Aviation Safety Authority (CASA) can operate, including the issuance of airworthiness directives that are crucial for maintaining the safety standards of aircraft. The policy objective underpinning the Act is to safeguard the public by ensuring that civil aviation activities are conducted in a manner that minimises risks to safety. In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design holds the responsibility for the continuing airworthiness of an aircraft type, with the State of Registry tasked with ensuring the airworthiness of individual aircraft. CASA, as the national airworthiness authority, must assess and, if necessary, issue Australian airworthiness directives to enforce the requirements of the State of Design, thereby fulfilling Australia’s international obligations while maintaining local safety standards.
Scope and Application
The Civil Aviation Act 1988 provides the framework under which airworthiness directives (ADs) are issued and managed in Australia, ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, reflecting their formal authority and significance. The State of Design of an aircraft retains responsibility for the continuing airworthiness of its type, while the State of Registry must implement and enforce the ADs for individual aircraft registered within its jurisdiction. In the case of the AD/BELL 206/105 Amendment 1, which affected Bell 206 model aircraft, CASA assessed the directive and decided to cancel it, as the unsafe condition it addressed no longer existed. This decision aligns with Australia's commitments under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required for this cancellation.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 concerning the issuance of airworthiness directives (ADs) are primarily outlined in section 98 of the Civil Aviation Act and regulation 39.001 of the Civil Aviation Safety Regulations. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, empowering the Civil Aviation Safety Authority (CASA) to issue ADs as per regulation 39.001. These ADs are legislative instruments under the Legislative Instruments Act 2003 and serve to mandate airworthiness requirements for specific types of aircraft or aeronautical products.
Under these regulations, the State of Design has the responsibility to ensure the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, such as Australia. This information typically takes the form of ADs, which the State of Registry must then implement to maintain the airworthiness of individual aircraft. When an AD is issued by a State of Design, CASA, as Australia's national airworthiness authority, is required to assess and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
For example, CASA issued AD/BELL 206/105 Amendment 1 for Bell 206 model aircraft. After assessment, CASA determined that the unsafe condition addressed by this AD no longer existed, leading to the cancellation of the directive effective from 23 October 2008. Given that this cancellation is due to Australia's obligations under the Convention on International Civil Aviation, no public consultation was required, and the Office of Best Practice Regulation has confirmed that ADs do not necessitate a Regulatory Impact Statement. The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The obligations imposed by these regulations on parties and entities primarily revolve around ensuring compliance with ADs. Operators and owners of affected aircraft must adhere to the directives issued by CASA, which are based on assessments of international ADs. Failure to comply with an AD can result in severe consequences, including potential criminal and civil penalties. The exact penalties for non-compliance can vary but may include fines and imprisonment under the Civil Aviation Act 1988 and associated regulations. It is crucial for operators and owners to keep abreast of ADs and ensure their aircraft meet the specified airworthiness standards to avoid any legal repercussions.