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 206/118 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, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework governing all aspects of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations for the safety of air navigation, a responsibility that is executed through the Civil Aviation Safety Regulations 1998. Under this regulatory structure, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives, which are considered legislative instruments, play a critical role in maintaining the continuing airworthiness of aircraft as per the obligations under the Convention on International Civil Aviation. The ADs are pivotal in ensuring that the State of Registry, in this case CASA, complies with international standards and adequately addresses safety concerns.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes a framework for the issuance of airworthiness directives (ADs) aimed at ensuring the safety of air navigation. Under this legislation, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products to maintain their airworthiness. These ADs serve as legislative instruments and are subject to disallowance, as stipulated by section 46A of the Acts Interpretation Act 1901. The regulations align with Annex 8 of the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and State of Registry concerning the continuing airworthiness of aircraft. Specifically, the State of Design is responsible for providing necessary information to maintain airworthiness, while the State of Registry is tasked with implementing measures to ensure the ongoing airworthiness of aircraft within its jurisdiction. Consequently, when an AD is issued by a State of Design for aircraft registered in Australia, CASA must review and, if deemed necessary, issue an Australian AD to enforce the requirements. This legislative and regulatory framework ensures that Australian aviation safety standards are upheld in accordance with international obligations and domestic safety requirements.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to establish regulations that are integral to the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. An AD, as outlined in subregulation 39.001(5), is recognised as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, a legislative instrument under section 6 of the Legislative Instruments Act 2003. These directives are pivotal in maintaining the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation.
The State of Design holds the overarching responsibility for the continuing airworthiness of an aircraft type, and must furnish any necessary information to the States of Registry to ensure the ongoing airworthiness of the aircraft type. Conversely, the State of Registry is tasked with the responsibility of the continuing airworthiness of individual aircraft and must develop or adopt requisite measures to uphold this. When an AD is issued by a State of Design regarding a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must review the information and, if necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design.
Compliance with these ADs is mandatory for all parties involved. Aircraft operators, owners, and maintenance providers must adhere to the requirements outlined in the ADs to ensure the safety and airworthiness of their aircraft. Failure to comply with an AD can result in severe consequences, including the grounding of aircraft, suspension of airworthiness certificates, and legal action by CASA. Additionally, CASA has the authority to take enforcement actions against entities that do not comply with ADs, which can include fines and other penalties.
In the specific case of AD/BELL 206/118, which affected Bell 206 model aircraft, CASA assessed the AD and subsequently cancelled it. This cancellation was due to Australia's obligations under the Convention on International Civil Aviation, and the unsafe condition that prompted the AD no longer exists. Consequently, the cancellation of this AD became effective on 23 October 2008, and no replacement AD was required. Notably, no public consultation or Regulatory Impact Statement was necessary for this cancellation, as determined by the Office of Best Practice Regulation. The AD was issued by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.