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. The amended AD, AD/BELL 206/130 Amendment 3, will become effective on 12 March 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 acting Manager, Airframe & 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 was enacted to ensure the safety and efficiency of civil aviation in Australia, providing a legislative framework that allows for the regulation of aviation activities, including the issuance of airworthiness directives. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the Act, provide for the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft types registered in Australia. These directives are issued in response to obligations under the Convention on International Civil Aviation, where the State of Design has a responsibility to provide information to ensure the continuing airworthiness of aircraft types, and the State of Registry must adopt requirements to ensure the same. The policy objective is to harmonise Australian airworthiness standards with international norms and to mandate necessary safety measures based on directives issued by the aircraft's State of Design.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended under the Civil Aviation Act 1988, provide the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations apply to aircraft and aeronautical products registered in Australia, and are designed to ensure the continuing airworthiness of such aircraft. CASA, as Australia's national airworthiness authority, has the responsibility to assess information from the State of Design and, if necessary, issue Australian ADs to mandate the requirements of the State of Design. These directives are legislative instruments and must adhere to the provisions outlined in the Legislative Instruments Act 2003. The ADs are typically issued in response to international obligations under the Convention on International Civil Aviation and do not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The issuance of ADs is crucial for maintaining the safety standards of aircraft operating within Australian jurisdiction, ensuring compliance with both national and international regulations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 contain provisions that empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products (section 98, Civil Aviation Act 1988; regulation 39.001, Civil Aviation Safety Regulations 1998). These ADs are legislative instruments and serve as a mechanism for ensuring the ongoing airworthiness of aircraft. The State of Design, which is the country responsible for the design of the aircraft, must provide information necessary to maintain the aircraft’s airworthiness. In turn, the State of Registry, which is responsible for the individual aircraft, must adopt or develop requirements to ensure the continuing airworthiness of the aircraft in accordance with these directives (Annex 8, Convention on International Civil Aviation).
Under the Civil Aviation Safety Regulations 1998, CASA must assess the information provided by the State of Design and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This is particularly relevant in the case of aircraft registered in Australia. For example, in response to an AD issued by Transport Canada affecting Bell 206 model helicopters, CASA has amended the equivalent Australian AD to update references to an inspection report. This amendment, AD/BELL 206/130 Amendment 3, will become effective on 12 March 2009 and replaces the previous issue (section 84A(2), Civil Aviation Act 1988).
The obligations imposed by these regulations primarily fall on CASA, as the national airworthiness authority, to ensure that any AD issued in Australia aligns with international standards and obligations under the Convention on International Civil Aviation. This involves assessing information from the State of Design and ensuring that Australian ADs are consistent with those issued by other states. The State of Registry is responsible for implementing the requirements of the ADs for the aircraft it registers. In practice, this means ensuring that aircraft meet the safety standards mandated by the ADs, which may involve inspections, repairs, or modifications to the aircraft.
Failure to comply with ADs can result in significant consequences. Non-compliance can lead to enforcement actions against the aircraft operator, including fines and potential grounding of the aircraft. The severity of the penalties may depend on the nature and extent of the non-compliance, as well as any resulting safety risks. The Civil Aviation Act 1988 and associated regulations do not specify maximum penalties for breaches of ADs, but they do provide a framework for CASA to take appropriate enforcement actions to ensure compliance. Civil and criminal penalties may apply, depending on the circumstances of the breach, including the potential for fines and imprisonment for serious or repeated violations.