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.
The Civil Aviation Safety Authority, (CASA) Australia issued AD/BELL 222/2 Amendment 1, affecting Bell Helicopter Textron Inc. (BHTI) Model 222 helicopters, in 1985, in response to an overseas accident report, and an Alert Service Bulletin (ASB) issued by BHTI. The USA was the State of Design for the Bell 222 when this ASB was issued, and this ASB and has been retained by Bell Helicopter Textron Canada (BHTC), Canada being the current State of Design. No AD has been issued by either State of Design on this matter. As a result of a BHTC Model 222 coming on to the Australian Register, CASA has reviewed AD/BELL 222/2 Amendment 1 and decided to cancel this AD because the requirements of the ASB have been incorporated into BHTC technical data. The cancellation will become effective on 7 July 2005.
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 - Systems, 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 Parliament of Australia, aims to regulate the safety and efficiency of civil aviation in the nation. This Act provides a legislative framework for ensuring air safety and managing the air navigation services. One of the mechanisms established under this Act is the issuance of airworthiness directives, which are regulatory instruments used to mandate safety requirements for specific aircraft or aeronautical products. The Civil Aviation (Safety) Regulations 1998 further detail the process for issuing these directives, ensuring they align with international standards set by the International Civil Aviation Organization (ICAO). The policy objective of these regulations is to maintain and enhance the safety of air navigation, ensuring that aircraft registered in Australia meet necessary safety standards. The Civil Aviation Safety Authority (CASA) plays a crucial role in this process by assessing information from the State of Design and issuing corresponding directives as required.
Scope and Application
The Civil Aviation Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products in accordance with section 98 of the Civil Aviation Act 1988. These ADs serve as legislative instruments that mandate compliance to ensure the safety of air navigation, with CASA acting as Australia's national airworthiness authority. This legislation applies to entities and individuals involved in the operation and maintenance of aircraft registered in Australia, ensuring that these parties adhere to the continuing airworthiness requirements set forth by both the State of Design and the State of Registry. The ADs are a critical component of maintaining airworthiness, aligning with international standards under Annex 8 to the Convention on International Civil Aviation, and thus have a national jurisdictional reach within Australia. The ADs do not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The issuance and subsequent cancellation of ADs, such as AD/BELL 222/2 Amendment 1, are executed by CASA in compliance with the Civil Aviation Act 1988, reflecting Australia's commitment to international civil aviation safety standards.
Key Provisions
The Civil Aviation Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products (subsection 39.001(5)). These ADs are legislative instruments, as per section 46A of the Acts Interpretation Act 1901, and they play a critical role in ensuring the continuing airworthiness of aircraft types and products. In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design has a responsibility to provide necessary information to ensure the airworthiness of an aircraft type, and the State of Registry must implement or adopt requirements to ensure the continuing airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, is tasked with assessing information from the State of Design and issuing corresponding ADs when necessary.
The obligations imposed on parties by the Civil Aviation Regulations 1998 are stringent and revolve around ensuring safety and compliance with airworthiness standards. CASA, under the regulations, must diligently review and assess any airworthiness directives issued by the State of Design to ensure that Australian aircraft meet the required safety standards. Additionally, States of Registry are obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft on their register, in line with the directives issued by the State of Design. Manufacturers and operators of affected aircraft must comply with the ADs by implementing the required actions and maintaining records of compliance to demonstrate adherence to the stipulated airworthiness standards.
Failure to comply with the airworthiness directives issued under the Civil Aviation Regulations 1998 can result in serious consequences. Civil penalties can be imposed for non-compliance, including fines that can be substantial, depending on the severity and frequency of the breach. Additionally, CASA has the authority to take enforcement actions, such as grounding aircraft or denying airworthiness certificates, which can have significant operational and financial repercussions for the non-compliant party. In extreme cases, criminal penalties may also be applicable, particularly if the non-compliance leads to accidents or endangers safety. The exact penalties are not specified in the provided text but can be found in the broader legislative framework governing aviation safety.