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 Civil Aviation Safety Authority or its predecessors issued AD/BELL 206/52 affecting Bell 206 model aircraft. CASA has assessed this AD and as a result has cancelled it. The cancellation will become effective on 23 October 2008. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, 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, Systems and New Technology in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to ensure the safety of air navigation, provides the legislative framework within which the Civil Aviation Safety Regulations 1998 operate. Under this framework, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 outlines the procedure for CASA to issue such directives, which are critical for maintaining the continuing airworthiness of aircraft. These directives are a legislative instrument as defined under the Legislative Instruments Act 2003. The ADs are mandated by Australia's obligations under Annex 8 of the Convention on International Civil Aviation, where the State of Design has the primary responsibility for ensuring the airworthiness of aircraft types. Consequently, CASA must issue corresponding Australian ADs when required by the State of Design. The AD/BELL 206/52, affecting Bell 206 model aircraft, has been cancelled by CASA, reflecting the resolution of the unsafe condition that prompted its issuance. This cancellation, aligned with international obligations, did not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, sets out the framework for ensuring the safety of air navigation in Australia, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. This legislation applies to all aircraft registered in Australia, encompassing both individuals and entities such as aircraft manufacturers, operators, and maintenance providers, and extends to all conduct and transactions related to the airworthiness of aircraft. Geographically, its reach is national, with CASA as Australia’s national airworthiness authority. However, the application of the ADs is also influenced by international obligations under the Convention on International Civil Aviation, particularly concerning the responsibilities of the State of Design and the State of Registry in maintaining airworthiness. The ADs, as legislative instruments, can be subject to disallowance and are created in accordance with the Legislative Instruments Act 2003. Notably, this particular AD concerning Bell 206 model aircraft was cancelled by CASA due to the resolution of the unsafe condition, and no replacement AD was deemed necessary.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products (sections 98 and 39.001). These ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and they play a crucial role in ensuring the continuing airworthiness of aircraft types. The State of Design, typically the country where the aircraft is designed, is responsible for providing necessary information to maintain airworthiness, while the State of Registry, where the aircraft is registered, must ensure that individual aircraft remain airworthy. In Australia, CASA evaluates ADs issued by other countries and may issue corresponding Australian ADs if necessary.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, including aircraft manufacturers, operators, and aviation authorities, have specific obligations related to ADs. For example, aircraft manufacturers must provide relevant information to CASA and comply with ADs applicable to their aircraft. Operators of affected aircraft must adhere to the directives to maintain airworthiness and ensure safety. CASA, as the national airworthiness authority, has the responsibility to assess foreign ADs and issue corresponding Australian ADs where necessary.
Breach of airworthiness directives can result in serious consequences. While the specific penalties for non-compliance are not detailed in the provided text, non-compliance generally results in civil or criminal penalties under the Civil Aviation Act 1988 and other related legislation. These penalties can include fines, imprisonment, or both, depending on the severity of the breach. Ensuring compliance with ADs is critical to maintaining the safety standards required by international and Australian aviation regulations.