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 212/48 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, Airframes 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 was enacted to ensure the safety of air navigation in Australia and to provide a framework for the regulation of civil aviation. As part of this legislative framework, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the airworthiness of aircraft and aeronautical products. The ADs are legislative instruments under the Legislative Instruments Act 2003, and they are crucial for ensuring compliance with international standards set by the Convention on International Civil Aviation. The State of Registry, which in Australia is CASA, has the responsibility to ensure the continuing airworthiness of aircraft registered within its jurisdiction. The cancellation of AD/BELL 212/48 affecting Bell 212 aircraft by CASA was necessitated by Australia’s obligations under the Convention on International Civil Aviation, and no public consultation was deemed necessary. This action was taken in accordance with the provisions of the Civil Aviation Act 1988, ensuring that the safety standards are upheld without unnecessary delay.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning types of aircraft and aeronautical products. These directives are legislative instruments, falling under the purview of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. ADs are essential tools for ensuring the continuing airworthiness of aircraft, as per the requirements outlined in Annex 8 of the Convention on International Civil Aviation. This legislation applies to the State of Registry of individual aircraft, which is tasked with ensuring the ongoing airworthiness of the aircraft under its registry, as well as to the State of Design, which is responsible for providing necessary information to support the continuing airworthiness of aircraft types. The application of these regulations is not limited to Australia but extends to align with international standards set by the International Civil Aviation Organization (ICAO). The cancellation of AD/BELL 212/48 affecting Bell 212 aircraft by CASA exemplifies the regulatory process, which, in this instance, was influenced by Australia’s international obligations and did not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations that are essential for the safety of air navigation, thereby allowing for the creation of the Civil Aviation Safety Regulations 1998 (section 39.001). Specifically, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products under regulation 39.001. Furthermore, subregulation 39.001(5) classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, which means it is also a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, the State of Design holds primary responsibility for the ongoing airworthiness of an aircraft type and must provide necessary information to ensure the continued airworthiness of the type to relevant States of Registry. Airworthiness directives are the standard method for disseminating continuing airworthiness information among ICAO Contracting States. The State of Registry of an individual aircraft is tasked with ensuring the aircraft's ongoing airworthiness, requiring it to develop or adopt appropriate requirements to meet this obligation under Annex 8. In line with these international standards, CASA issued AD/BELL 212/48 concerning Bell 212 aircraft, which has now been reviewed and cancelled by CASA, effective 9 April 2009, without the need for a replacement AD.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and the State of Registry include ensuring that airworthiness directives are issued and maintained to meet international safety standards. CASA must ensure that any ADs issued are aligned with Australia's obligations under the Convention on International Civil Aviation and the requirements of Annex 8. Given that ADs do not necessitate a Regulatory Impact Statement, CASA has determined that no consultation with the Australian public is required for the cancellation of AD/BELL 212/48. The Manager, Airframes and Structures in the Airworthiness Engineering Group, acting on behalf of CASA, issued this AD cancellation in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
In terms of penalties and consequences for non-compliance, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail penalties for breaches of ADs. However, the overarching principle is that non-compliance with ADs could potentially lead to serious safety issues, which could result in severe civil and criminal penalties under other sections of the Act. For example, failure to comply with an AD could result in charges under section 23 of the Civil Aviation Act 1988, which pertains to endangering the safety of an aircraft, potentially leading to substantial fines and imprisonment.