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 206/106 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 is a foundational piece of Australian legislation that governs the regulation of civil aviation within the country, aiming to ensure safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, and it sets the legal framework within which the Civil Aviation Safety Authority (CASA) operates. One of the critical tools CASA employs under this Act is the issuance of airworthiness directives (ADs), which are designed to maintain the airworthiness of aircraft by mandating specific safety measures. These directives are crucial for ensuring that aircraft continue to meet safety standards throughout their operational life. The Civil Aviation Safety Regulations 1998 further detail the process and authority for issuing ADs, aligning with international standards set by the International Civil Aviation Organization (ICAO). This legislative framework ensures that Australia's civil aviation safety measures are robust and consistent with global standards, thereby protecting the safety of the public and the integrity of the nation's airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, provide the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority. These regulations empower CASA to issue ADs for specific types of aircraft or aeronautical products to ensure the continuing airworthiness of aircraft registered in Australia, thereby safeguarding public safety. The ADs are legislative instruments subject to disallowance and must comply with the Legislative Instruments Act 2003. Internationally, the State of Design, which is responsible for the continuing airworthiness of an aircraft type, issues ADs that must be assessed and, if appropriate, adopted by the State of Registry, such as CASA in Australia. This process is mandated under Annex 8 to the Convention on International Civil Aviation. The ADs serve as the primary means of ensuring that aircraft remain airworthy throughout their operational lives. The specific AD/BELL 206/106, which pertained to Bell 206 model aircraft, has been cancelled by CASA due to the resolution of the unsafe condition that it addressed, and this cancellation reflects Australia’s adherence to international obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 authorises the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs serve as crucial tools in maintaining the continuing airworthiness of aircraft types registered in Australia. Subregulation 39.001(5) stipulates that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, therefore, constitutes a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure compliance with airworthiness standards. In Australia, CASA, as the national airworthiness authority, is tasked with assessing information from the State of Design and issuing Australian ADs to enforce these requirements. The State of Registry, responsible for individual aircraft, must develop or adopt airworthiness requirements to ensure compliance with these directives.
In a specific instance, CASA issued AD/BELL 206/106 concerning Bell 206 model aircraft, but subsequently cancelled this AD due to the resolution of the unsafe condition identified. The cancellation of this AD took place on 23 October 2008, and no replacement AD was required as the unsafe condition no longer existed. Given the international obligations under the Convention on International Civil Aviation, CASA did not consult with the Australian public on this cancellation. Additionally, the Office of Best Practice Regulation determined that ADs do not require 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 compliance with subsection 84A(2) of the Civil Aviation Act 1988. This process highlights the importance of international cooperation and adherence to safety standards in the aviation industry.