CIVIL AVIATION ACT 1988
CIVIL AVIATION 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.
Because a Bell 222 helicopter is returning to the Australian register after the type had been absent for some time, CASA has reviewed all existing BELL 222 series ADs. AD/BELL 222/1 previously contained the retirement lives for fatigue critical components of the helicopter, but these are now contained in the Airworthiness Limitations Section of the type’s maintenance manual. As compliance with the Airworthiness Limitations Section is mandatory, AD/BELL 222/1 is no longer required, and has been cancelled.
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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes a comprehensive framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. In alignment with this objective, the Act empowers the Governor-General to create regulations necessary for the safety of air navigation. The Civil Aviation Regulations 1998, as an instrumental part of this legislative framework, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulation is vital for maintaining the continuing airworthiness of aircraft as stipulated by Annex 8 of the Convention on International Civil Aviation, ensuring that states remain accountable for the airworthiness of aircraft within their registry. The ADs are a common tool used by International Civil Aviation Organization (ICAO) Contracting States to communicate necessary safety measures, and CASA, as Australia's national airworthiness authority, must respond to directives issued by the State of Design to enforce compliance on the Australian register.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which is Australia's national airworthiness authority. These regulations allow CASA to issue ADs for specific types of aircraft or aeronautical products under regulation 39.001, with such ADs being considered legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs are integral to ensuring the continuing airworthiness of aircraft types, aligning with Annex 8 of the Convention on International Civil Aviation. The State of Design is responsible for the initial airworthiness of an aircraft type and must provide necessary information to States of Registry, including Australia, to maintain airworthiness standards. Consequently, when a State of Design issues an AD, CASA must review and, if deemed necessary, issue an Australian AD to enforce those requirements. In the case of the Bell 222 helicopter, CASA has cancelled a previous AD related to fatigue critical components because such information is now mandatory in the Airworthiness Limitations Section of the helicopter’s maintenance manual. The process for issuing these ADs does not require public consultation or a Regulatory Impact Statement, as they arise from international obligations and specific regulatory responses to State of Design directives.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to make regulations for the purposes of the Act, ensuring the safety of air navigation. Section 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, an AD is considered a legislative instrument according to section 6 of the Legislative Instruments Act 2003. This legislative framework is rooted in Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the overarching responsibility for the continuing airworthiness of an aircraft type, including the provision of necessary information to appropriate States of Registry. In the case of Australia, CASA, as the national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design.
Under the Civil Aviation Act 1988, CASA has a responsibility to assess and issue airworthiness directives when necessary to maintain the safety of aircraft on the Australian register. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate the information and, if appropriate, issue an Australian AD to ensure compliance with international airworthiness standards. For instance, when a Bell 222 helicopter was reintroduced to the Australian register, CASA reviewed all existing Bell 222 series ADs. AD/BELL 222/1, which previously specified the retirement lives for fatigue critical components, has been cancelled because such information is now covered in the Airworthiness Limitations Section of the helicopter’s maintenance manual, which is mandatory. Consequently, CASA issued an AD under its authority to align with international standards and obligations under the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on CASA and other entities include the assessment and potential issuance of airworthiness directives. CASA must ensure that all aircraft on the Australian register comply with the necessary airworthiness standards. This involves reviewing information from the State of Design and, if necessary, issuing corresponding ADs to mandate compliance with international airworthiness requirements. Additionally, the State of Registry, in this case CASA, has the responsibility to develop or adopt requirements to ensure the continuing airworthiness of aircraft. These obligations are integral to maintaining the safety of air navigation within Australia.
Breach of the obligations set forth in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to various penalties and consequences. Under the Civil Aviation Act 1988, non-compliance with airworthiness directives can result in significant civil penalties. The maximum penalty for a corporation under section 98 of the Act includes fines up to $1,260,000, while natural persons can face fines up to $252,000. Additionally, contraventions of airworthiness requirements can result in criminal charges, with potential imprisonment for up to five years. Such stringent measures underscore the importance of adhering to airworthiness directives to ensure the safety and integrity of air navigation.