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 212/28 Amdt 2 affecting Bell 212 helicopters in 1988. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 19 November 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, Initial Airworthiness, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legislative framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. It empowers the Governor-General to make regulations for air safety, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives serve as legislative instruments, essential for maintaining the continuing airworthiness of aircraft in line with international standards set by the Convention on International Civil Aviation. The Act addresses the need for a cohesive national approach to civil aviation safety, aligning with global obligations and ensuring the safe operation of aircraft within Australian airspace.
The cancellation of AD/BELL 212/28 Amdt 2, effective from 19 November 2009, was a direct consequence of Australia's commitment to international civil aviation standards. The decision to cancel this airworthiness directive, which affected Bell 212 helicopters, was made by CASA without public consultation, as it aligns with the nation's obligations under the Convention on International Civil Aviation. The process was overseen by the Manager, Initial Airworthiness, within CASA's Standards Development and Future Technology Division, in accordance with the legislative framework provided by the Civil Aviation Act 1988. This action underscores the importance of adhering to international aviation standards and the role of CASA in implementing and enforcing these standards within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are integral to ensuring the safety and continuing airworthiness of aircraft within Australia and are legislative instruments under section 46A of the Acts Interpretation Act 1901. In alignment with international standards set forth in Annex 8 to the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with implementing and enforcing the necessary measures to maintain this airworthiness. CASA, acting on behalf of Australia's obligations under the Convention, has the authority to issue these directives to ensure compliance with both national and international safety standards. The scope of the ADs extends to all aircraft and aeronautical products registered within Australia, ensuring that the directives apply to both operators and manufacturers within the aviation industry. While these regulations are designed to enhance safety, they do not require consultation with the Australian public or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The ADs are subject to cancellation or amendment as circumstances and international obligations dictate, as evidenced by the recent cancellation of AD/BELL 212/28 Amdt 2 concerning Bell 212 helicopters.
Key Provisions
The main operative sections of this legislation are section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. These sections empower the Governor-General to make regulations for the safety of air navigation, and the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. Regulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, as such, it is considered a legislative instrument under the Legislative Instruments Act 2003.
Under these provisions, CASA has the authority to issue ADs, which are formal instructions issued to ensure the continuing airworthiness of aircraft types. The State of Design, which is the country responsible for the design of the aircraft, is required to provide necessary information to maintain the airworthiness of an aircraft type to the State of Registry. The State of Registry, in this case Australia, is then responsible for developing or adopting requirements to ensure the continuing airworthiness of individual aircraft registered in Australia. This process ensures that aircraft remain safe and airworthy throughout their operational life.
Entities governed by these regulations, particularly CASA, must ensure that they issue ADs in accordance with their authority under regulation 39.001. They must also ensure that they comply with their obligations under the Convention on International Civil Aviation, which includes providing necessary information to maintain the airworthiness of aircraft types. The State of Registry, in this case Australia, must ensure that it develops or adopts requirements to ensure the continuing airworthiness of individual aircraft registered in Australia.
There are no specific offences, penalties, or civil/criminal consequences outlined in this legislation for breaching the provisions related to the issue of airworthiness directives. However, failure to comply with the requirements of an AD could potentially result in the aircraft being deemed unairworthy, which could have serious consequences for the safety of air navigation. Additionally, the State of Registry, in this case Australia, could potentially be subject to international scrutiny or penalties if it fails to comply with its obligations under the Convention on International Civil Aviation.