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.
Transport Canada issued AD CF-95-17, affecting Bell 206 model helicopters, in 1995. Canada is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to update references to an inspection report and to include reference to the relevant Canadian AD. The amended AD, AD/BELL 206/130 Amendment 2, will become effective on 12 February 2009. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. 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 & Structures 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, is foundational legislation aimed at ensuring the safety and regulation of civil aviation within Australia. It empowers the Governor-General to make regulations necessary for the safety of air navigation. One such regulation, established under the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This provision addresses the need for consistent and enforceable safety measures across the aviation industry to ensure the continuing airworthiness of aircraft. The policy objective underpinning these regulations is to maintain and enhance the safety standards of civil aviation, aligning with international obligations under the Convention on International Civil Aviation. The ADs serve as legislative instruments, crucial for ensuring that both the State of Design and the State of Registry of aircraft meet their responsibilities in maintaining airworthiness standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework within which airworthiness directives (ADs) are issued in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, ensuring compliance with the continuing airworthiness requirements as mandated by Annex 8 to the Convention on International Civil Aviation. ADs are legislative instruments that become effective upon issuance, and their issuance is grounded in Australia's obligations under international aviation conventions, particularly when responding to directives issued by the State of Design. The ADs apply to aircraft registered in Australia and are designed to maintain the safety standards of air navigation, encompassing various aspects of aircraft maintenance and operation. Although ADs are issued under the authority of the Act, they are subject to disallowance and scrutiny under the Legislative Instruments Act 2003. The application of these directives is typically in response to safety concerns identified by the State of Design, and while they are binding, no public consultation is required as per the Office of Best Practice Regulation's determination that ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) under section 98 of the Act (98) and regulation 39.001 of the Regulations (39.001). According to these provisions, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are considered legislative instruments, as per subregulation 39.001(5) (39.001(5)) and section 6 of the Legislative Instruments Act 2003 (6). This process is also aligned with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type, mandating the provision of necessary information to the States of Registry.
The obligations imposed by these provisions on CASA and the States of Registry are significant. CASA, as Australia’s national airworthiness authority, must evaluate the information provided by the State of Design when an AD is issued abroad and, if necessary, issue a corresponding Australian AD to enforce the requirements stipulated by the State of Design. The State of Registry, on the other hand, is required to develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. For example, when Transport Canada issued AD CF-95-17 concerning Bell 206 model helicopters in 1995, CASA amended the equivalent Australian AD to align with the Canadian directive, demonstrating the interconnectedness of these responsibilities.
Failure to comply with the requirements set out in an AD can lead to serious consequences. While the specific penalties for non-compliance are not detailed within the text, it is implied that such breaches could result in both civil and criminal liabilities, given the regulatory nature of ADs. The severity of these penalties would depend on the specifics of the non-compliance and the resultant impact on air safety. Additionally, as ADs are issued in accordance with international obligations and do not require public consultation, there is an implicit understanding that their enforcement is critical to maintaining international standards of airworthiness.