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 74-24-01 affecting Bell 206 model helicopters. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BELL 206/174, which will become effective on 28 August 2008.
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, enacted by the Australian Parliament, governs matters relating to civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations for the safety of air navigation, with the Civil Aviation Safety Regulations 1998 being a key set of regulations under this Act. One such regulation allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs serve as a legislative instrument, aimed at maintaining the safety standards required under international conventions, specifically Annex 8 to the Convention on International Civil Aviation. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the continuing airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, must respond to ADs issued by the State of Design by issuing corresponding Australian ADs to ensure compliance with international obligations and safety standards.
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 certain types of aircraft or aeronautical products, thereby ensuring the safety of air navigation as per section 98 of the Civil Aviation Act 1988. This regulation applies to aircraft registered in Australia and involves coordination with the State of Design, which, in this case, is the United States for Bell 206 model helicopters. CASA, as Australia's national airworthiness authority, must assess and issue corresponding Australian ADs when required, in line with international obligations under the Convention on International Civil Aviation. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and they do not necessitate public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The issuing of ADs is a direct response to international safety standards and specific regulatory requirements set by the respective State of Design.
Key Provisions
The Civil Aviation Act 1988, under section 98, provides the framework for the Governor-General to issue regulations that ensure the safety of air navigation. In particular, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The ADs are an integral part of ensuring the continuing airworthiness of aircraft, in line with Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include the responsibility of the State of Design to provide necessary information for the continuing airworthiness of aircraft types, which CASA must then assess. When a State of Design, such as the US Federal Aviation Administration (FAA), issues an AD, CASA is required to review and, if necessary, issue a corresponding Australian AD to enforce the required safety measures. This process is exemplified by AD 74-24-01 issued by the FAA concerning Bell 206 model helicopters, which CASA has assessed and will implement as Australian AD/BELL 206/174, effective from 28 August 2008.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not mandate public consultation for ADs issued due to international obligations or in response to ADs from the State of Design. Furthermore, the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement. The ADs are issued by the Manager, Airframes, in the Airworthiness Engineering Branch of CASA, in accordance with subsection 84A(2) of the Act.
For breaches of the requirements set out in the ADs, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide for both civil and criminal consequences. Non-compliance with an AD can result in severe penalties, including fines and imprisonment, as outlined in the Act. The specific penalties for breaches of these regulations are not detailed in the provided text but generally align with the serious nature of aviation safety regulations, emphasising the importance of adherence to airworthiness directives to maintain safety standards.