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 206/111 Amendment 2 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 Australian Parliament, aims to ensure the safety of air navigation and to regulate civil aviation in Australia. This Act allows the Governor-General to make regulations for the safety of air navigation, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments, aligning with the obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the responsibility for the continuing airworthiness of an aircraft type. Consequently, when a State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to ensure compliance with the requirements. The objective of these measures is to maintain the highest safety standards in Australia’s civil aviation sector.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework under which airworthiness directives (ADs) can be issued to ensure the safety of air navigation. 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. These ADs are legislative instruments that mandate compliance with safety requirements and are issued in the interests of safety as per section 98 of the Civil Aviation Act 1988. The State of Registry, which in the case of Australia is CASA, is responsible for ensuring the continuing airworthiness of aircraft registered within Australia. When the State of Design issues an AD, CASA must assess and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. The AD/BELL 206/111 Amendment 2 affecting Bell 206 model aircraft has been cancelled by CASA due to Australia's obligations under the Convention on International Civil Aviation, indicating that the unsafe condition it addressed no longer exists. This cancellation, being in line with international obligations, did not require consultation with the Australian public or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act empowers the Governor-General to create regulations necessary for air navigation safety, while regulation 39.001 of the Regulations allows CASA to issue ADs for specific types of aircraft or aeronautical products. An AD is a disallowable instrument under the Acts Interpretation Act 1901 and is classified as a legislative instrument according to the Legislative Instruments Act 2003.
These ADs serve as crucial tools for ensuring the continuing airworthiness of aircraft, a responsibility primarily held by the State of Design as outlined in Annex 8 of the Convention on International Civil Aviation. The State of Design must provide essential information to States of Registry to maintain airworthiness. The State of Registry, which in Australia's case is CASA, must then evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that aircraft registered in Australia meet the required safety standards.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on CASA and other entities include the responsibility to issue ADs when necessary to address unsafe conditions in aircraft. CASA must assess and, if appropriate, cancel ADs when the unsafe conditions they were designed to address no longer exist. This obligation extends to ensuring that any AD issued is in line with Australia's commitments under the Convention on International Civil Aviation. In the case of AD/BELL 206/111 Amendment 2, CASA has assessed the AD and determined that it should be cancelled because the unsafe condition it was addressing no longer exists.
Breaching the requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to civil or criminal consequences. While specific penalties are not detailed in the provided text, non-compliance with airworthiness directives can result in severe penalties, including fines and imprisonment. CASA's role in issuing and managing ADs is critical in preventing accidents and ensuring the safety of air navigation.