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 206/59 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 Technologies 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 by the Australian Parliament, serves to regulate civil aviation in the country with a primary focus on ensuring the safety of air navigation. This legislation provides the legal framework for the issuance of airworthiness directives (ADs), as detailed in the Civil Aviation Safety Regulations 1998. Under these regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs concerning specific types of aircraft or aeronautical products, thereby ensuring the continuing airworthiness of aircraft within Australia. This process aligns with Australia’s obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the responsibility for the continuing airworthiness of aircraft types, and the State of Registry must ensure that individual aircraft remain airworthy. The ADs serve as a crucial tool for disseminating continuing airworthiness information internationally. The enactment of this legislation was aimed at bridging the gap in ensuring that Australian aviation standards align with international safety protocols, thereby safeguarding public safety and maintaining the integrity of Australia’s civil aviation system.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, mandates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives are legislative instruments subject to disallowance and are integral to maintaining the continuing airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for the initial airworthiness of aircraft types, while the State of Registry, in this case CASA, must ensure that individual aircraft meet continuing airworthiness standards. The AD/BELL 206/59, which was issued to address specific safety concerns for Bell 206 model aircraft, has been assessed and subsequently cancelled by CASA due to the resolution of the unsafe condition, effective from 23 October 2008. This action aligns with Australia's international obligations and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance and enforcement of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that serve the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives are considered legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA, as Australia’s national airworthiness authority, to ensure the continuing airworthiness of aircraft on the Australian Register. This involves assessing information from the State of Design, which has the primary responsibility for the airworthiness of an aircraft type under Annex 8 of the Convention on International Civil Aviation. The State of Registry must then either develop or adopt requirements to maintain the airworthiness of individual aircraft. When an AD is issued by a State of Design, CASA must evaluate this directive and, if necessary, issue an Australian AD to implement the requirements set by the State of Design.
The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 also outline the consequences for non-compliance with ADs. While the text does not explicitly list offences or penalties for breaching ADs, it is implied that failure to comply with these directives could result in significant civil or criminal consequences, as they are legally binding instruments designed to ensure the safety of air navigation. The maximum penalties for such breaches are not detailed in the provided text, but generally, non-compliance with aviation safety regulations can result in severe penalties, including fines and imprisonment, depending on the severity of the violation.
In this particular case, AD/BELL 206/59, which affected Bell 206 model aircraft, has been cancelled by CASA because the unsafe condition it was addressing no longer exists. This cancellation is a result of Australia’s obligations under the Convention on International Civil Aviation, and thus, there was no need for public consultation or a Regulatory Impact Statement. The cancellation of this AD was authorised under subsection 84A(2) of the Civil Aviation Act 1988, and the Manager, Systems and New Technologies in the Airworthiness Engineering Group issued the directive on behalf of CASA.