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 212/33 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 Acting Manager, Airframe and Structures 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, is a comprehensive piece of legislation designed to ensure the safety of air navigation within the country. One of the critical mechanisms through which the Act achieves its safety objectives is the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These directives are a fundamental component in maintaining the continuing airworthiness of aircraft, aligning with international standards set forth by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) is responsible for issuing these ADs, ensuring that all aircraft meet the necessary safety standards. The cancellation of specific ADs, such as AD/BELL 212/33 affecting Bell 212 aircraft, is carried out in accordance with Australia’s international obligations and domestic legislative frameworks, reflecting a commitment to both global and national safety protocols. The cancellation of such directives is an administrative process overseen by CASA, aimed at maintaining the highest standards of aviation safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority granted by the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) which are critical for maintaining the safety of air navigation. These directives apply to specific types of aircraft or aeronautical products and are intended to ensure their continuing airworthiness. The ADs serve as legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. Geographically, these regulations extend throughout Australia, ensuring compliance with both national and international safety standards as per Annex 8 of the Convention on International Civil Aviation. The State of Design and the State of Registry each have distinct responsibilities under these regulations, ensuring that all stakeholders are aligned with the requirements for airworthiness. The scope of these directives can be extended or restricted through subordinate instruments, though the particular AD/BELL 212/33 for Bell 212 aircraft has been cancelled effective 9 April 2009, in line with Australia's international obligations.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, grants the Governor-General the authority to create regulations aimed at ensuring the safety of air navigation. Within this framework, the Civil Aviation Safety Regulations 1998, regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD, as outlined in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is therefore classified as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
These ADs are integral to the ongoing airworthiness of aircraft types, with the State of Design bearing the primary responsibility for ensuring this, as stipulated in Annex 8 to the Convention on International Civil Aviation. This involves providing all necessary information to the States of Registry to maintain the continuing airworthiness of aircraft types. The State of Registry, in turn, must establish or adopt requisite measures to uphold the ongoing airworthiness of aircraft within their jurisdiction. CASA, fulfilling its role under these regulations, has issued and subsequently cancelled AD/BELL 212/33 concerning Bell 212 aircraft, a decision influenced by Australia’s commitments under the Convention on International Civil Aviation. This cancellation will take effect on 9 April 2009, with no replacement AD deemed necessary.
Parties governed by these provisions are required to comply with the ADs issued by CASA, ensuring that the aircraft they are responsible for meet the specified safety standards. These obligations include adhering to any maintenance, repair, or modification directives stipulated in the ADs, and maintaining records of compliance as required by CASA. Failure to comply with an AD can result in serious consequences, including the potential for the aircraft to be grounded, which could lead to significant operational disruptions and legal repercussions for the aircraft operator or owner.
The Civil Aviation Safety Regulations 1998 impose penalties for non-compliance with ADs, which can include both civil and criminal consequences. Under the Civil Aviation Act 1988, a person who contravenes an AD may be subject to a civil penalty, which can be substantial, depending on the severity and frequency of the breach. Additionally, serious non-compliance may result in criminal charges, with potential penalties including fines and imprisonment. The maximum penalties for such offences are not specified in the provided text but are outlined in the relevant sections of the Civil Aviation Act 1988 and associated regulations.