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 has issued AD 2005-16-04 affecting Bell 206 model aircraft modified in accordance with Supplemental Type Certificate SH1392SO. The USA is the State of Design for this modification. CASA has assessed this AD and has issued Australian AD/BELL 206/160, which will become effective on 27 October 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 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, enacted by the Commonwealth Parliament, was introduced to regulate civil aviation in Australia, ensuring safety and national security. Under section 98 of this Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. Complementing the Act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as per regulation 39.001. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, are essential for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, must issue Australian ADs in response to those from the State of Design, thereby fulfilling Australia's international obligations and ensuring the safety of Australian-registered aircraft.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia, specifically under section 98 and regulation 39.001. These ADs are legislative instruments made by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft types registered in Australia. The application of these directives extends to all entities involved in the operation, maintenance, and manufacture of aircraft, as well as any aeronautical products within Australia's jurisdiction. The regulations are in line with international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds primary responsibility for the airworthiness of an aircraft type, and the State of Registry must ensure the compliance of individual aircraft with relevant safety standards. ADs issued by CASA are often direct responses to directives from the State of Design, such as the AD/BELL 206/160 issued in response to a United States Federal Aviation Administration directive concerning Bell 206 model aircraft. As these directives are issued in accordance with international agreements and do not require a Regulatory Impact Statement, no public consultation is mandated under the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations in the interest of air navigation safety. Under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments as defined in section 6 of the Legislative Instruments Act 2003.
Airworthiness directives play a crucial role in ensuring the ongoing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design bears the primary responsibility for maintaining the airworthiness of an aircraft type, including providing necessary information to States of Registry to support this goal. In Australia, CASA, as the national airworthiness authority, is tasked with assessing any ADs issued by States of Design, such as the US Federal Aviation Administration (FAA) in this case, and, if deemed appropriate, issuing corresponding Australian ADs. This ensures compliance with international obligations and the specific needs of the Australian aviation industry.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to meticulously evaluate any foreign ADs relevant to aircraft registered in Australia. Once assessed, CASA must decide whether to issue an Australian AD to mandate the necessary compliance measures. This process underscores CASA's commitment to maintaining the highest safety standards and ensuring that all aircraft operating within Australia meet stringent airworthiness criteria. The assessment and potential issuance of Australian ADs are integral to the regulatory framework that safeguards the aviation industry in Australia.
Failure to comply with airworthiness directives can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can lead to civil penalties, including fines and, in severe cases, the grounding of non-compliant aircraft. The specific penalties depend on the severity and frequency of the violation, with maximum fines and imprisonment terms outlined in the relevant sections of the Act. These measures are designed to ensure that all stakeholders, including aircraft operators and maintenance providers, adhere to the prescribed safety standards to prevent potential hazards and ensure the safety of all air passengers and crew.