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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/BELL 206/172 Amdt 1 affecting Bell 206 series helicopters. Transport Canada issued AD CF-2007-13R2 on 10 November 2009 which supersedes the requirements of AD/BELL 206/172 Amdt 1 and as such this AD has been cancelled. Canada is the state of design for these helicopters. The cancellation will become effective on 9 December 2009.
No consultation with the Australian public has taken place on this AD cancellation. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia. In 1998, the Civil Aviation Safety Regulations were introduced to provide detailed safety standards and procedures under the authority of the Act. Section 98 of the Act empowers the Governor-General to make regulations that support the Act’s objective of ensuring the safety of air navigation, with the Civil Aviation Safety Regulations playing a critical role in this regard. Regulation 39.001 of these Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments designed to maintain the airworthiness of aircraft and aeronautical products. This legislative framework ensures that Australia adheres to international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of States of Design and States of Registry in maintaining airworthiness. The ADs issued by CASA reflect the need for continuous monitoring and regulation to address safety issues as they arise.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring compliance with the overarching objective of the Civil Aviation Act 1988 to safeguard air navigation. These ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and regulated as per the Legislative Instruments Act 2003. The issuance of such directives is a critical component in maintaining the continuing airworthiness of aircraft, a responsibility borne by the State of Design under Annex 8 of the Convention on International Civil Aviation, and further enforced by the State of Registry, which, in Australia, is CASA. The process necessitates CASA to evaluate and, if deemed necessary, issue Australian ADs that align with the directives issued by the State of Design. This legislative framework is integral for ensuring that aircraft on the Australian Register meet the requisite safety standards, reflecting Australia's commitment to international civil aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations for the Act's purposes, specifically focusing on air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This regulatory framework is established to ensure that all aircraft maintain their airworthiness and safety standards. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments. This means that ADs carry the force of law and are subject to disallowance by Parliament.
The obligations placed on CASA by the Civil Aviation Safety Regulations 1998 are significant. CASA must evaluate any ADs issued by the State of Design, which is the country responsible for the aircraft's design. If an AD is pertinent to aircraft registered in Australia, CASA has the duty to assess the information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design. This ensures that all aircraft registered in Australia adhere to the same safety standards as those in the State of Design. Furthermore, the State of Registry, which is the country where the aircraft is registered, must also ensure the continuing airworthiness of the aircraft by adopting or developing the necessary requirements.
Non-compliance with airworthiness directives can lead to serious consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose stringent obligations on operators and owners of aircraft to adhere to ADs. Failure to comply with an AD can result in the aircraft being deemed unairworthy, which can lead to grounding and significant financial and operational repercussions for the operator. While the specific penalties for non-compliance are not detailed in the provided text, such violations typically attract heavy fines and potential criminal charges under Australian law, reflecting the high stakes involved in ensuring aviation safety.
In summary, the Civil Aviation Safety Regulations 1998 mandate that CASA issue airworthiness directives to ensure aircraft safety. Both CASA and the State of Registry bear the responsibility of enforcing these directives. Non-compliance with these directives can lead to severe consequences, including the potential grounding of aircraft and significant penalties under Australian law.