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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/BELL 212/26 Amendment 1 affecting Bell 212 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 9 April 2009. No replacement AD is required.
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 was enacted to ensure the safety and efficiency of air navigation and to address gaps in civil aviation regulation. Under this Act, the Governor-General has the authority to create regulations in the interest of air navigation safety. The Civil Aviation Safety Regulations 1998 further empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The Act and its associated regulations aim to maintain the highest safety standards in civil aviation, with CASA playing a pivotal role in enforcing these safety measures.
In the specific case of the AD/BELL 212/26 Amendment 1, CASA issued an airworthiness directive for Bell 212 aircraft, which has subsequently been cancelled due to Australia’s international obligations under the Convention on International Civil Aviation. The cancellation of this directive, effective from 9 April 2009, signifies the adherence to international standards and the continuous adaptation of Australian civil aviation regulations to global safety requirements. The decision to cancel the directive without public consultation or a Regulatory Impact Statement reflects the streamlined regulatory process for such instruments, overseen by the Manager, Systems and New Technologies within CASA’s Airworthiness Engineering Group.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes the framework under which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue these directives for specific types of aircraft or aeronautical products, which are legislative instruments under the Legislative Instruments Act 2003. The ADs serve as a key mechanism for maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 of the Convention on International Civil Aviation, which assigns responsibility to the State of Design for providing necessary information and to the State of Registry for ensuring ongoing airworthiness. CASA, acting under section 98 of the Civil Aviation Act 1988 and pursuant to subsection 84A(2) of the Act, has the authority to issue, review, and cancel these directives. The recent cancellation of AD/BELL 212/26 Amendment 1, affecting Bell 212 aircraft, was made without public consultation due to Australia's international obligations and does not require a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products (39.001(1)). These directives serve to ensure the continued airworthiness of these aircraft types, aligning with the overarching goal of aviation safety as outlined in the Civil Aviation Act 1988 (section 98). Notably, an AD is considered a disallowable instrument, and thus a legislative instrument, pursuant to the Acts Interpretation Act 1901 (section 46A) and the Legislative Instruments Act 2003 (section 6), respectively (39.001(5)).
The obligations placed on CASA under the Civil Aviation Safety Regulations 1998 involve ensuring that ADs are issued to maintain or restore airworthiness, which is a fundamental safety requirement. These directives are intended to address issues such as design, manufacturing, maintenance, and operation that may impact the safety of the aircraft. The State of Registry, which is responsible for the individual aircraft’s continuing airworthiness, must comply with these directives and implement the necessary measures to ensure that the aircraft remain airworthy. This includes adhering to any specific maintenance, operational limitations, or modifications as stipulated in the ADs.
Failure to comply with the provisions of an AD can lead to significant consequences, both civil and criminal. Civil penalties may include fines, with the specific amounts varying based on the nature and severity of the breach. In cases where the breach results in an accident or serious incident, the penalties can be more severe, potentially involving imprisonment. The exact penalties are detailed in the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, reflecting the seriousness of ensuring aviation safety. CASA has the authority to enforce these regulations and take appropriate action against entities that fail to comply with the ADs.
The Civil Aviation Safety Authority’s issuance and subsequent cancellation of AD/BELL 212/26 Amendment 1, affecting Bell 212 aircraft, exemplifies the regulatory process and its alignment with international obligations. The cancellation, effective from 9 April 2009, reflects a thorough review and decision by CASA, which has determined that no replacement AD is necessary. This action adheres to Australia’s commitments under the Convention on International Civil Aviation, particularly Annex 8, which outlines the responsibilities of the State of Design and State of Registry concerning aircraft airworthiness. Importantly, no public consultation was required for this AD cancellation, as it was determined by the Office of Best Practice Regulation that such directives do not necessitate a Regulatory Impact Statement. The Manager, Systems and New Technologies in the Airworthiness Engineering Group issued this directive on behalf of CASA, in accordance with the Civil Aviation Act 1988 (subsection 84A(2)).