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.
Transport Canada has issued AD CF-2000-29 affecting Bell 222 and 230 model helicopters. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BELL 222/24, Amendment 1, which will become effective on 30 August 2007. This AD cancels and replaces the previous issue.
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 Manager, Airframes 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, aims to regulate civil aviation activities to ensure the safety and efficiency of air navigation. The Act provides the framework within which the Civil Aviation Safety Regulations 1998 were also established, providing more detailed regulatory measures. Regulation 39.001 of these Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The issuance of ADs is governed by international standards, particularly those outlined in Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design of an aircraft type is responsible for its continuing airworthiness and must provide necessary information to States of Registry, such as Australia. CASA, as the national airworthiness authority, must assess and, if necessary, issue Australian ADs in response to directives from the State of Design to ensure compliance with international safety standards.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) as the national airworthiness authority. Under this Act, CASA has the authority to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, which are legislative instruments subject to disallowance and review. The ADs serve as a means to maintain the continuing airworthiness of aircraft, aligning with international standards under Annex 8 to the Convention on International Civil Aviation. Specifically, the State of Design, such as Canada for Bell 222 and 230 model helicopters, issues ADs which CASA then assesses and, if necessary, translates into Australian ADs to comply with international obligations and ensure the safety of aircraft registered in Australia. These directives are issued without public consultation as they are directly linked to international agreements and obligations. The ADs are crafted by CASA officials within the Manufacturing, Certification and New Technologies Office, ensuring compliance with the legislative framework established by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance and implementation of airworthiness directives (ADs) under section 98 and regulation 39.001 respectively. Section 98 of the Act empowers the Governor-General to make regulations that contribute to the safety of air navigation, while regulation 39.001 specifies that the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further defines an AD as a disallowable instrument, which is subject to scrutiny under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
These regulations impose several obligations and requirements on parties and entities governed by the Act. Primarily, the State of Design, which is the country where an aircraft type is designed, is responsible for the continuing airworthiness of that type, including providing necessary information to the State of Registry. The State of Registry, in this case, Australia, must then develop or adopt requirements to ensure the airworthiness of individual aircraft. When an AD is issued by a State of Design, CASA must assess this information and, if deemed appropriate, issue a corresponding Australian AD to enforce the requirements. This process ensures that Australian aircraft meet international safety standards.
The Act and Regulations also detail the consequences of non-compliance with ADs. Any breaches of ADs can lead to significant legal and safety repercussions. Although the specific offences, penalties, or consequences for non-compliance are not explicitly stated in the provided text, it is understood that non-compliance could result in severe penalties. Given the gravity of aviation safety, failure to adhere to ADs can lead to serious civil or criminal liability, potentially including fines or imprisonment. The specific penalties would be determined by the courts based on the nature and severity of the breach, but the overarching aim is to ensure strict adherence to airworthiness standards to protect public safety.