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 has issued AD CF-2005-28 affecting Bell 206 helicopters. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BELL 206/161, 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, New Technologies and Systems, 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 ensure the safety of air navigation, and it grants authority to the Governor-General to make regulations as necessary. The Act allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as a legislative instrument under the Legislative Instruments Act 2003. The policy objective underpinning these provisions is to maintain and enhance the safety of air navigation by ensuring that aircraft remain airworthy through the issuance of necessary directives. This process is further supported by international agreements, such as Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of the State of Design and the State of Registry in ensuring the continuing airworthiness of aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, in accordance with section 98 of the Civil Aviation Act 1988. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, designed to ensure the safety of air navigation. The application of these regulations extends to all aircraft registered in Australia and involves coordination with the State of Design to maintain the continuing airworthiness of aircraft types. The issuance of an AD by CASA is triggered by corresponding directives from the relevant State of Design, such as Transport Canada for the Bell 206 helicopter, and does not require public consultation as it adheres to international obligations under the Convention on International Civil Aviation. This regulatory approach ensures that Australian aviation standards align with international safety protocols, thereby enhancing the overall safety of air navigation within the Commonwealth.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations that serve the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998, regulation 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These ADs are legally binding and must be adhered to for the continued airworthiness of the specified aircraft types. It is important to note that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, are legislative instruments according to section 6 of the Legislative Instruments Act 2003.
Entities and individuals governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 have specific obligations and requirements to meet. The State of Design, such as Canada in the case of Bell 206 helicopters, has the responsibility of ensuring the continuing airworthiness of an aircraft type, providing necessary information to appropriate States of Registry. The State of Registry, in this instance CASA as Australia's national airworthiness authority, must assess the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. Owners and operators of aircraft must comply with these ADs to maintain the airworthiness of their aircraft.
Failure to comply with airworthiness directives can result in severe civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to fines and penalties, with maximum fines potentially reaching up to $504,000 for corporations and $100,800 for individuals. Furthermore, repeated or severe non-compliance can result in the suspension or revocation of an aircraft's certificate of airworthiness, leading to the grounding of the aircraft and prohibition from flight. In criminal cases, individuals responsible for non-compliance can face imprisonment, with penalties varying according to the severity and circumstances of the offence.