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-2005-10R3 affecting Bell Helicopter Textron Canada Model 206 series helicopters. Canada is the State of Design for this helicopter. CASA has amended the equivalent Australian AD to AD/BELL 206/158 Amendment 3 which will become effective on 22 November 2007. 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, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia, ensuring safety and efficiency in the sector. Under this Act, the Governor-General has the authority to make regulations in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998 further elaborate on these regulations, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are considered legislative instruments and are subject to disallowance. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 reflect Australia’s commitment to international standards as set by the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft. In line with these international obligations, CASA issues ADs to ensure compliance with safety standards mandated by the State of Design of an aircraft type, thereby maintaining the safety and airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority granted by the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are designed to ensure the safety of air navigation in Australia and align with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, and under these regulations, CASA must assess and implement necessary directives to maintain safety standards. When an AD is issued by a foreign State of Design, such as Transport Canada for the Bell Helicopter Textron Canada Model 206 series, CASA evaluates the information and, if deemed necessary, issues a corresponding Australian AD. This ensures that all aircraft registered in Australia meet the required safety standards. Notably, ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are issued without public consultation as they are in response to international obligations.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation. Regulation 39.001 specifically allows CASA to issue ADs for certain types of aircraft or aeronautical products. An AD is a legislative instrument, as outlined in section 6 of the Legislative Instruments Act 2003 and subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, which states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Act and Regulations require the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to the State of Registry. The State of Registry, in this case CASA, must then assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that the continuing airworthiness of aircraft is maintained in accordance with international standards as set out in Annex 8 to the Convention on International Civil Aviation.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the text for breaches of the ADs. However, the text does imply that failure to comply with the ADs could result in legal consequences, as they are issued to ensure safety and compliance with international standards. CASA, as the national airworthiness authority, would likely take enforcement action against any non-compliance with the ADs, which could include grounding of the aircraft, fines, or other regulatory actions. The specific penalties for non-compliance would depend on the nature and severity of the breach, as well as any relevant aviation safety regulations.