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.
Australia issued Australian unique Airworthiness Directive, AD/Bell212/11 affecting Textron Bell model 212 helicopters in 1976. USA is the State of Design for Bell 212 helicopters. CASA has received a request for an exclusion against this AD and as a result has reviewed the unsafe condition addressed by this AD.
Civil Aviation Order (CAO) part 101.10 and appendix 101.1.3.1 that supported the AD/BELL 212/11 requirements have been cancelled. CASR 21.029 now requires automatic acceptance of aircraft type certificated by the USA FAA with no Australian unique design requirements. The requirements of AD/BELL 212/11 hence are no longer valid and the AD may therefore be cancelled. The cancellation will become effective on 3 May 2006. No replacement AD is required, as the original unsafe condition is addressed by FAR Part 29 design rules.
As the AD cancellation will remove the Australian unique requirements and will provide relief to the Australian industry, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation within Australia and to ensure the safety of air navigation. The Act grants the Governor-General the authority to make regulations under section 98, including the issuance of airworthiness directives (ADs) as specified in the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs to maintain the continuing airworthiness of aircraft and aeronautical products, thereby fulfilling the policy objective of ensuring the safety of air navigation. In accordance with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of aircraft types, while the State of Registry must ensure the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, reviews and, if necessary, issues ADs to mandate the requirements of the State of Design for aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 applies to individuals and entities involved in civil aviation activities within Australia, encompassing aircraft operators, manufacturers, maintenance organisations, and other stakeholders engaged in air navigation. The Civil Aviation Safety Regulations 1998 extend this application by providing specific rules and requirements for ensuring the safety of air navigation. Under regulation 39.001, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) to address safety concerns related to aircraft types or aeronautical products. These ADs are legislative instruments subject to disallowance and are integral to ensuring the continuing airworthiness of aircraft registered in Australia. The geographic reach of this legislation is national, as CASA operates under the authority of the Commonwealth to regulate civil aviation across all states and territories. The ADs issued by CASA are designed to comply with international standards as set out in Annex 8 to the Convention on International Civil Aviation, thereby ensuring that Australian aviation practices align with global safety requirements. This legislation does not specify exclusions, but rather focuses on mandating safety measures through ADs to address unsafe conditions identified in specific aircraft types.
Key Provisions
The Civil Aviation Act 1988, as amended, empowers the Governor-General to create regulations that serve the Act's objectives, particularly focusing on the safety of air navigation (section 98). The Civil Aviation Safety Regulations 1998 further elaborate on this by permitting the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (regulation 39.001). These ADs are legally binding instruments, as stipulated under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and are subject to disallowance provisions under section 46A of the Acts Interpretation Act 1901. Additionally, the Legislative Instruments Act 2003 recognises ADs as legislative instruments.
The obligations imposed by these provisions are significant. The State of Design, which is responsible for the aircraft type's continuing airworthiness, must provide all necessary information to the State of Registry to ensure that aircraft remain airworthy. The State of Registry, in turn, must implement measures to ensure the continuing airworthiness of aircraft within its jurisdiction. In the context of Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue an Australian AD to enforce those requirements. This ensures that all aircraft registered in Australia comply with safety standards that are globally recognised and accepted.
Failure to comply with the requirements outlined in an AD can lead to serious legal consequences. The Act and the Regulations establish a framework where non-compliance can result in both civil and criminal penalties. While the specific penalties are not detailed in the provided text, it is clear that the seriousness of air safety necessitates stringent compliance. Non-compliance could potentially lead to enforcement actions by CASA, which may include fines, suspension or revocation of airworthiness certificates, or other administrative penalties. These measures are intended to ensure that all parties adhere to the highest safety standards, thereby protecting the public and maintaining the integrity of the aviation system.