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 US FAA issued AD 2005-16-04, affecting Bell 206 helicopters, in August 2005. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to correct an error in the repetitive inspection interval. The amended AD, AD/BELL 206/160 Amendment 1, will become effective on 19 January 2006. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation within Australian territory. The Act empowers the Governor-General to make regulations in the interests of safety, including the issuance of airworthiness directives (ADs) as per section 98. This provision was introduced to address the need for standardised and regulated procedures to maintain the airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 further define the mechanisms for issuing ADs, with regulation 39.001 delegating authority to the Civil Aviation Safety Authority (CASA). This regulatory approach aligns with Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that States of Design and Registry cooperate to maintain aircraft airworthiness. In the case of the Bell 206 helicopter, CASA issued AD/BELL 206/160 Amendment 1 to correct an error identified by the United States Federal Aviation Administration (FAA), the State of Design, thereby ensuring compliance with international standards and obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, under regulation 39.001. These ADs, as legislative instruments, are essential for ensuring the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO). The ADs are issued in response to safety concerns identified by the State of Design or in accordance with international obligations under the Convention on International Civil Aviation. The ADs apply to all entities involved in the operation, maintenance, and certification of affected aircraft, ensuring compliance with safety standards. Geographic jurisdiction extends to Australia as the State of Registry, and these regulations apply nationally. Exclusions and exemptions are determined on a case-by-case basis, with specific conditions outlined in each AD. The issuance of ADs is further regulated through subordinate instruments, which may include additional specifications or amendments to existing directives.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. These regulations include the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for certain types of aircraft or aeronautical products, as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. According to subregulation 39.001(5), an AD is a disallowable instrument under the Acts Interpretation Act 1901 and thus constitutes a legislative instrument under section 6 of the Legislative Instruments Act 2003. Annex 8 to the Convention on International Civil Aviation stipulates that the State of Design, in this case, the United States, holds the primary responsibility for the continuing airworthiness of the aircraft type and must provide essential information to the States of Registry, such as Australia. CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue an Australian AD to ensure compliance with the State of Design's requirements.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 place specific duties on CASA. When an AD is issued by the State of Design, CASA is required to evaluate the information and determine whether an Australian AD is necessary to mandate the State of Design's requirements. This process ensures that the aircraft on the Australian register meet international safety standards and comply with the regulations set forth by the State of Design. Additionally, CASA must ensure that any amendments to existing ADs are communicated effectively and implemented without delay. For instance, CASA amended AD/BELL 206/160 Amendment 1 in response to an error identified in the repetitive inspection interval for Bell 206 helicopters, which was initially issued by the US Federal Aviation Administration (FAA) as AD 2005-16-04.
Breaching the requirements set out in an AD can have serious consequences. Under the Civil Aviation Act 1988, operating an aircraft that does not comply with an airworthiness directive can result in significant penalties. The Act stipulates that any person who contravenes an AD is liable to penalties, which can include fines and potential imprisonment. The severity of the penalty depends on the nature and extent of the breach. For example, knowingly operating an aircraft that does not comply with an AD can lead to fines of up to $162,000 and imprisonment for up to two years, as outlined in section 91 of the Act. Additionally, CASA has the authority to issue enforcement notices and take legal action against non-compliant operators, which further underscores the importance of adhering to ADs to maintain the safety of air navigation.