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.
The US FAA has issued AD 2007-19-53 affecting Bell 212 model helicopters. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BELL 212/68, which will become effective on 18 September 2007.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. 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 in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives through the Civil Aviation Safety Regulations 1998. As a legislative instrument, these directives are crucial for maintaining the continuing airworthiness of aircraft types and individual aircraft registered in Australia, aligning with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 specifically allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for certain types of aircraft or aeronautical products. The issuance of these directives is a direct response to Australia's obligations under international conventions and the need to comply with directives issued by the States of Design, such as the United States in the case of the Bell 212 model helicopters. Consequently, CASA has issued Australian AD/BELL 212/68, which will take effect on 18 September 2007, as a mandatory directive in response to an AD raised by the USA.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003, given their disallowable nature as outlined in the Acts Interpretation Act 1901. ADs are integral to ensuring the continuing airworthiness of aircraft types and are issued 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 an aircraft type, and the State of Registry, in this case CASA, must implement the necessary requirements. The issuance of ADs, such as the Australian AD/BELL 212/68 in response to the US FAA's AD 2007-19-53, is conducted without public consultation due to the international obligations and the specific nature of the ADs, and does not require a Regulatory Impact Statement.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 regarding airworthiness directives (ADs) are primarily found in sections 98 and 39.001 of the respective legislation. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus classifying them as legislative instruments.
The obligations and requirements imposed by the Act on the parties it governs primarily focus on ensuring the safety and airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design of an aircraft type bears the responsibility for its continuing airworthiness, which includes providing necessary information to States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. In practice, this means that when a State of Design issues an AD, the State of Registry must assess this information and, if necessary, issue its own AD to enforce the requirements. In Australia, CASA, as the national airworthiness authority, is responsible for assessing foreign ADs and issuing Australian ADs as required.
The legislation also outlines specific consequences for breaches of ADs. Non-compliance with an AD may result in severe penalties, both civil and criminal. Civil penalties can include fines and enforcement actions by CASA, whereas criminal penalties may include imprisonment, fines, or both, depending on the severity of the breach and any associated harm. The maximum penalties for breaches are not specified in the text, but it is clear that non-compliance with ADs is taken very seriously under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The Act ensures that ADs are strictly enforced to maintain the highest standards of aviation safety.