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 206/60 Amendment 1 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 to ensure the safety of air navigation, grants the Governor-General the authority to create regulations under section 98, with a focus on maintaining the safety of air navigation. Complementing this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, which are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The Civil Aviation Act 1988 and the subsequent regulations are instrumental in ensuring the continuing airworthiness of aircraft as mandated by the State of Registry and Design, in alignment with international standards set by the International Civil Aviation Organization (ICAO). This legislative framework is crucial for CASA to effectively manage and respond to safety concerns by issuing or cancelling ADs based on safety assessments.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation. These regulations empower CASA to mandate compliance with airworthiness standards, which are integral to maintaining the safe operation of aircraft registered in Australia. Under this legislative framework, CASA's role as the national airworthiness authority is to assess and act upon ADs issued by the State of Design, ensuring that any safety concerns identified by these directives are appropriately addressed within the Australian context. Additionally, the Civil Aviation Safety Regulations 1998 stipulate that ADs are considered disallowable instruments, thereby classifying them as legislative instruments subject to the oversight provisions of the Legislative Instruments Act 2003. The scope of these regulations extends nationally, applying to all aircraft registered in Australia, and aligns with international obligations under the Convention on International Civil Aviation, specifically Annex 8, which delineates responsibilities for the continuing airworthiness of aircraft types between the State of Design and the State of Registry.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 detail the framework for issuing airworthiness directives (ADs) to ensure the safety of aircraft. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and regulations are primarily centred on ensuring the continuing airworthiness of aircraft. The State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide necessary information to ensure ongoing airworthiness. The State of Registry, which is responsible for individual aircraft, must develop or adopt requirements to maintain airworthiness. When the State of Design issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements. This ensures that Australian aircraft meet international safety standards.
Failure to comply with ADs can result in significant consequences. Civil Aviation Safety Regulations 1998 provide for various offences and penalties for non-compliance with ADs. Although the specific offences and penalties are not detailed in the provided text, it is implied that non-compliance could lead to safety risks and potentially result in enforcement actions by CASA. The authority may impose fines or other penalties as deemed necessary to ensure compliance with airworthiness standards.
The provided text also highlights that ADs, such as AD/BELL 206/60 Amendment 1, may be cancelled if the unsafe condition they were addressing no longer exists. In this particular case, CASA cancelled the AD and determined that no replacement AD was necessary as the unsafe condition had been resolved. This cancellation was made in accordance with Australia’s obligations under the Convention on International Civil Aviation, and it was executed by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA. The process did not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.