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 issued AD CF-2007-13R1 affecting Bell 206 series helicopters. Canada is the State of Design for these helicopters. CASA has amended the equivalent Australian AD to AD/BELL 206/172 Amendment 1 which will become effective on 3 July 2008. 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, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, addresses the overarching regulatory framework for civil aviation, with a focus on ensuring the safety of air navigation. This legislative instrument is instrumental in providing the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which are critical in maintaining the continuing airworthiness of aircraft types registered in Australia. The objective of the Act is to enhance safety and manage the risks associated with civil aviation in alignment with international standards and obligations, as exemplified by the State of Design's responsibility under Annex 8 to the Convention on International Civil Aviation. The issuing of airworthiness directives, such as AD/BELL 206/172 Amendment 1, is a direct response to the State of Design's (Canada's, in this case) regulatory requirements, reflecting Australia's commitment to harmonised international aviation safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the Civil Aviation (Airworthiness Directives) Instrument 2008, applies to all aircraft and aeronautical products registered in Australia, extending to the continuing airworthiness requirements mandated by the Civil Aviation Act 1988. Specifically, the Act and its regulations govern the issuance and enforcement of airworthiness directives (ADs), which are legislative instruments issued by the Civil Aviation Safety Authority (CASA) to ensure compliance with safety standards. These directives apply to both the State of Design, responsible for the type certification of aircraft, and the State of Registry, which ensures the ongoing airworthiness of individual aircraft within its jurisdiction. The ADs are issued in response to safety concerns identified by the State of Design and must be adopted by CASA, which acts as Australia's national airworthiness authority. The regulations also establish the process for CASA to issue and enforce ADs, ensuring alignment with international standards set by the Convention on International Civil Aviation. Notably, the issuance of ADs under this Act does not require public consultation or a Regulatory Impact Statement, given their urgent nature and alignment with international obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 (CASR) provide the legislative framework for issuing airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that promote the safety of air navigation. Regulation 39.001 of the CASR allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003. This regulatory mechanism ensures that aircraft maintain their airworthiness and comply with safety standards.
Under the Convention on International Civil Aviation, specifically Annex 8, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type. This includes providing necessary information to the States of Registry to ensure that aircraft remain airworthy. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft, and must implement or adopt appropriate requirements to maintain this airworthiness. When a State of Design issues an AD, CASA must review the information and, if deemed necessary, issue an equivalent AD in Australia to mandate the required safety measures.
Transport Canada issued AD CF-2007-13R1 concerning Bell 206 series helicopters, as Canada is the State of Design. CASA has amended the corresponding Australian AD to AD/BELL 206/172 Amendment 1, effective from 3 July 2008. This AD replaces the previous version in response to Australia's obligations under the Convention on International Civil Aviation and the AD issued by the relevant State of Design. The Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement, and no public consultation has been undertaken due to the international obligations and the nature of the directive.
The AD in question was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This process ensures that the AD aligns with Australian aviation safety standards and addresses any specific issues identified by the State of Design. Compliance with ADs is mandatory for aircraft operators and maintenance providers, ensuring that safety measures are uniformly implemented across the industry. Failure to comply with ADs can result in significant civil or criminal penalties, including fines and potential prosecution, as the ADs are integral to maintaining the safety and airworthiness of aircraft within Australia.