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 Civil Aviation Safety Authority or its predecessors issued AD/BELL 222/11 affecting Bell Helicopter Textron Canada (BHTC) 222 series helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/BELL 222/11. The cancellation will become effective on 30 July 2009. No replacement AD is required, as the unsafe condition no longer exists.
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, Systems and New Technologies, 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 provide a legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act grants the Governor-General the authority to make regulations necessary for the purposes of the Act, which includes the issuance of airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. These ADs are governed under regulation 39.001 of the Civil Aviation Safety Regulations 1998, with CASA having the responsibility to issue such directives when required. The Civil Aviation Safety Authority (CASA) operates under the State of Registry's obligations as outlined in Annex 8 to the Convention on International Civil Aviation, ensuring that any AD issued by a State of Design is assessed and, if necessary, implemented in Australia. This process was followed in the case of AD/BELL 222/11, which was subsequently cancelled by CASA on 30 July 2009, reflecting Australia's adherence to international civil aviation standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) pertaining to specific types of aircraft or aeronautical products, operating within the scope of the Civil Aviation Act 1988. These directives are instrumental in ensuring the safety of air navigation and are formulated in alignment with the principles outlined in Annex 8 to the Convention on International Civil Aviation. The ADs represent a legislative instrument as per the Legislative Instruments Act 2003 and must be issued by the State of Design, with the State of Registry subsequently ensuring the aircraft’s continuing airworthiness. The authority to issue or cancel these directives lies with CASA, which assesses the necessity based on international standards and specific safety concerns. The cancellation of an AD, such as AD/BELL 222/11 for Bell Helicopter Textron Canada (BHTC) 222 series helicopters, occurs without public consultation due to its alignment with international obligations and is processed under the Act by designated CASA personnel.
Key Provisions
The Civil Aviation Act 1988 provides the framework for the regulation of civil aviation in Australia, with key provisions including the ability of the Governor-General to make regulations for the safety of air navigation (s 98). Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is therefore a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
Under these provisions, the State of Design, which is the country where an aircraft type is designed, holds the primary responsibility for ensuring the continuing airworthiness of that aircraft type. This responsibility includes providing necessary information to States of Registry to ensure that aircraft remain airworthy. The State of Registry, which is the country where an aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess the information and, if necessary, issue an Australian AD to enforce the requirements.
The obligations imposed by these regulations require CASA to meticulously evaluate any ADs issued by the State of Design and determine their applicability to aircraft registered in Australia. If an AD is deemed necessary, CASA must issue an Australian AD to mandate the required safety measures. In cases where ADs are cancelled, such as the AD/BELL 222/11 affecting Bell Helicopter Textron Canada (BHTC) 222 series helicopters, CASA must ensure that the cancellation is communicated effectively and that no unsafe conditions remain. The cancellation of AD/BELL 222/11 became effective on 30 July 2009, and no replacement AD was required because the unsafe condition no longer existed.
The Civil Aviation Safety Regulations 1998 and related legislative provisions also impose specific obligations on aircraft manufacturers, operators, and other relevant parties. Manufacturers must comply with the airworthiness requirements set forth in ADs, while aircraft operators must follow the instructions provided in ADs to ensure the safety of their aircraft. Failure to comply with an AD can result in severe consequences. Under section 45ZC of the Civil Aviation Act 1988, any person who contravenes an AD can be subject to enforcement action, including fines and potential imprisonment. The maximum penalties for contravening an AD can be significant, reflecting the critical importance of air safety regulations. The specific penalties may vary depending on the severity of the breach and the regulatory context in which it occurs.