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-2007-02R1, and EASA has issued ADs
2007-0089 and 2007-0257 affecting Bell and Agusta model 206 helicopters. Canada is the State of Design for the Bell helicopters, and Italy is the state of design for the Agusta helicopters. EASA acts for Italy. CASA has assessed these ADs and has issued Australian AD/BELL 206/167, Amendment 3, which will become effective on 25 September 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 Manager, Airframes 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 establish a comprehensive legal framework governing civil aviation activities in Australia, ensuring safety and efficiency in the aviation sector. This Act grants the Governor-General the authority to create regulations that safeguard air navigation, thereby fulfilling Australia's international obligations under the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998, made under section 98 of the Civil Aviation Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. These ADs serve as legislative instruments, requiring compliance to maintain airworthiness standards and ensuring the safety of air navigation. The policy objective is to align Australian regulations with international standards, addressing any identified safety concerns through timely and effective regulatory measures.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives, which are legislative instruments under the Legislative Instruments Act 2003, are essential for maintaining the continuing airworthiness of aircraft as stipulated by the State of Design and the State of Registry under Annex 8 of the Convention on International Civil Aviation. In practice, CASA assesses foreign ADs issued by states such as Canada and Italy, and when necessary, issues corresponding Australian ADs to align with international safety standards. This process ensures that aircraft registered in Australia comply with global safety requirements without the need for public consultation, as determined by the Office of Best Practice Regulation, which found that such directives do not necessitate a Regulatory Impact Statement. The ADs are formulated by CASA's Airframes Manager in the Airworthiness Engineering Branch, following the statutory requirements outlined in the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 authorises the Governor-General to make these regulations to enhance the safety of air navigation. An AD is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003 and is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. These directives serve as crucial tools for ensuring the continuing airworthiness of aircraft, in accordance with Annex 8 of the Convention on International Civil Aviation.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 have specific obligations related to airworthiness directives. The State of Design holds the primary responsibility for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA must assess this information and, if appropriate, issue an Australian AD to mandate the requirements. This ensures that Australian-registered aircraft comply with international safety standards.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose significant obligations on the parties they govern. CASA must meticulously assess any ADs issued by the State of Design and, where necessary, issue corresponding Australian ADs to maintain safety standards. The State of Registry is tasked with ensuring the ongoing airworthiness of aircraft registered within its jurisdiction. Failure to comply with these regulations can lead to serious consequences, as the safety of air navigation is paramount. The issuance of an AD is a legal requirement, and non-compliance can result in enforcement actions.
Breach of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to various consequences. Although specific penalties are not detailed in the provided text, non-compliance with airworthiness directives can result in severe civil or criminal penalties. The exact nature and severity of these penalties depend on the specific breach and the jurisdiction. In general, failure to adhere to airworthiness directives can result in fines, suspension of airworthiness certificates, or even criminal charges for operators found in violation of the regulations. CASA has the authority to enforce these provisions, ensuring that all aircraft meet the required safety standards.