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.
CASA issued AD/Bell 222/12, affecting Bell Helicopter Textron Canada (BHTC) series helicopters, in 1988, in response to BHT Operations Safety Notice (OSN) 222-87-11. Transport Canada (TC) is the state of design for the BHTC 222 type. As a result of a request from industry, CASA has assessed this AD and as a result has cancelled Australian AD/Bell/222/12. The cancellation will become effective on 29 September2005. No replacement AD is required, as the original unsafe condition has been corrected by changing the assembly instructions. TC has never mandated OSN-222-87-11.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, was introduced to regulate civil aviation and ensure the safety of air navigation within Australia. This Act provides the legislative framework for the regulation of civil aviation and empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the safety of aircraft in Australia. The ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. As the national airworthiness authority, CASA assesses and issues ADs in response to safety concerns, in accordance with the requirements set out in Annex 8 to the Convention on International Civil Aviation.
In this context, CASA issued AD/Bell 222/12 in 1988 concerning Bell Helicopter Textron Canada (BHTC) series helicopters. However, following an industry request and CASA's assessment of the airworthiness directive, Australian AD/Bell/222/12 was cancelled on 29 September 2005. The cancellation became effective as the original unsafe condition had been addressed by updating the assembly instructions. Transport Canada, the State of Design, never mandated the associated Operations Safety Notice (OSN) 222-87-11. The AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation. Specifically, under section 98 of the Act, the Governor-General is empowered to make regulations for the Act's purposes, including issuing ADs through the Civil Aviation Safety Authority (CASA). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that CASA can issue ADs for specific kinds of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. These directives are pivotal in maintaining the continuing airworthiness of aircraft, a responsibility that falls to the State of Registry under Annex 8 of the Convention on International Civil Aviation. CASA, acting as Australia's national airworthiness authority, evaluates and issues Australian ADs based on directives from the State of Design. For instance, AD/Bell 222/12, issued in 1988 for Bell Helicopter Textron Canada (BHTC) series helicopters, was cancelled by CASA on 29 September 2005, following a reassessment prompted by industry requests, as the original safety concerns were resolved through updated assembly instructions. This process underscores CASA's role in enforcing airworthiness directives to maintain safety standards in Australian aviation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a comprehensive framework for the regulation of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations necessary for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) clarifies that ADs are disallowable instruments, meaning they are subject to specific legislative scrutiny and oversight. This classification ensures that ADs are subject to the same legislative processes as other formal instruments.
The obligations imposed by the Act and Regulations are primarily on CASA as Australia’s national airworthiness authority. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA is required to assess the information and, if deemed necessary, issue an Australian AD that enforces the requirements of the State of Design. This process ensures that the safety standards set by the State of Design are effectively implemented within Australia’s aviation sector. Additionally, the State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must adopt or develop appropriate requirements to maintain airworthiness.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 also outline the consequences for non-compliance with ADs. While the specific offences, penalties, or consequences for breaching ADs are not detailed in the provided text, it is generally understood that failure to comply with ADs can lead to significant safety risks and potential legal repercussions. In broader aviation regulations, non-compliance with ADs can result in civil penalties, fines, or even criminal charges, depending on the severity and impact of the non-compliance. The exact penalties can vary, but they are designed to enforce adherence to safety standards and protect public safety in aviation.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a structured approach to managing airworthiness directives through CASA. These provisions ensure that safety directives issued by States of Design are appropriately assessed and, where necessary, enforced in Australia. The obligations on CASA and the States of Registry are critical in maintaining the high safety standards required in the aviation industry, with potential civil or criminal consequences for those who fail to comply with these directives.