CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 has issued CF-2004-17R1, affecting Bell Helicopter Textron Canada (BHTC) Model 206L-4 Series helicopters. Canada is the State of Design for this type. In response to Transport Canada issuing CF-2004-17R1, CASA has issued AD/BELL 206/154 Amendment 1, which will become effective on 7 July 2005.
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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, governs the regulation of civil aviation safety and airworthiness in Australia. This Act, together with the Civil Aviation Regulations 1998, provides the legal framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft registered in Australia. The ADs are legislative instruments that serve as a crucial tool for maintaining air safety by mandating compliance with specific safety measures identified by the State of Design or as required by international aviation standards. The problem or gap that this legislation addresses is the need for a coordinated and legally binding mechanism to enforce safety directives on aircraft, ensuring that they remain airworthy and compliant with international safety standards. The policy objective is to uphold the safety of air navigation by ensuring that all aircraft meet the necessary safety requirements as stipulated by both national and international regulations.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, which are classified as legislative instruments under the Legislative Instruments Act 2003. These ADs are critical for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for ensuring the airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. Consequently, when a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD to enforce the requirements. This mechanism is exemplified by CASA's issuance of AD/BELL 206/154 Amendment 1 in response to Transport Canada's AD CF-2004-17R1 for Bell Helicopter Textron Canada (BHTC) Model 206L-4 Series helicopters. This process underscores CASA's role in upholding international safety standards while ensuring the safe operation of aircraft registered in Australia.
Key Provisions
The key provisions of the Civil Aviation Regulations 1998, as amended, pertain to the issuance of airworthiness directives (ADs) under regulation 39.001 (henceforth referred to as "the Regulations"). These ADs are legislative instruments, as defined by section 6 of the Legislative Instruments Act 2003, and they can be issued by the Civil Aviation Safety Authority (CASA) for specific kinds of aircraft or aeronautical products. Regulation 39.001(5) specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. The issuance of ADs is grounded in the Convention on International Civil Aviation, where the State of Design has the responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the continuing airworthiness of individual aircraft. Therefore, when the State of Design issues an AD, CASA must review the information and, if necessary, issue a corresponding AD for Australia.
The obligations imposed by the Regulations on CASA and the States of Design and Registry are multifaceted. The State of Design must provide information necessary for the continuing airworthiness of aircraft types, and this responsibility is detailed in Annex 8 of the Convention on International Civil Aviation. The State of Registry, in this case, CASA, must evaluate this information and, if required, issue an Australian AD to enforce the directives from the State of Design. This ensures that Australian-registered aircraft meet the necessary safety standards as outlined by ICAO and national regulations. CASA, as the national airworthiness authority, has the duty to monitor and enforce these standards to maintain the safety of air navigation in Australia.
Breach of the provisions outlined in the Regulations can result in significant consequences. Although the specific penalties are not detailed in the provided text, it is clear that non-compliance with ADs can lead to serious safety issues. The Convention on International Civil Aviation and the obligations of States of Design and Registry underscore the importance of adhering to ADs. Failure to comply with these directives can potentially lead to severe civil and criminal penalties, as airworthiness is paramount in aviation safety. CASA has the authority to enforce compliance, and non-compliance can result in actions against the operators or manufacturers of the affected aircraft.