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-2001-28 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 222/25, 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 Australian Parliament, provides the legal framework for the regulation of civil aviation safety in Australia. It allows the Governor-General to make regulations for the safety of air navigation, and under section 98, the Civil Aviation Safety Regulations 1998 were established to further detail these regulations. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This legislative mechanism addresses the need for continuous airworthiness of aircraft and aeronautical products, aligning with international standards under the Convention on International Civil Aviation. The policy objective is to ensure the ongoing safety of aircraft operating within Australia by mandating requirements derived from international directives, thereby fulfilling Australia’s obligations under international aviation agreements.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) under regulation 39.001. This legislation applies to all aircraft registered in Australia, their operators, and the Civil Aviation Safety Authority (CASA) as the national airworthiness authority. ADs, which are legislative instruments, ensure compliance with airworthiness standards and are mandated by international obligations under the Convention on International Civil Aviation. The Act enables CASA to issue ADs in response to directives from the State of Design or based on Australia’s own assessment. These directives are legally binding and must be adhered to by aircraft operators within Australia, although no public consultation is required due to their nature and the international obligations underpinning their issuance. The ADs, such as the one issued in response to Transport Canada's AD CF-2001-28 concerning Bell 222 and 230 model helicopters, are designed to ensure safety and compliance with international standards.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations for the Act’s purposes and in the interests of air navigation safety. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments, as specified by subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003.
The State of Design, which is the country where the aircraft type is designed, has a primary responsibility under Annex 8 to the Convention on International Civil Aviation to ensure the continuing airworthiness of the aircraft type. This includes providing any necessary information to appropriate States of Registry. The State of Registry, on the other hand, is responsible for the continuing airworthiness of individual aircraft registered within its jurisdiction. When a State of Design issues an AD, such as AD CF-2001-28 from Transport Canada affecting Bell 222 and 230 model helicopters, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design.
Under the Civil Aviation Safety Regulations 1998, CASA has issued Australian AD/BELL 222/25, Amendment 1, which replaces the previous AD and will be effective from 30 August 2007. Given that this AD is issued in response to international obligations and a directive from the relevant State of Design, there has been no requirement for public consultation. Furthermore, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement.
In terms of obligations, CASA must ensure that all relevant stakeholders are informed of the AD and its requirements. This involves working with aircraft operators, maintenance providers, and other stakeholders to ensure compliance. Any breaches of the AD or failure to comply with CASA’s requirements may result in significant consequences. These can include enforcement actions such as fines, suspension or revocation of airworthiness certificates, or even criminal charges in severe cases. The penalties for non-compliance can be substantial, depending on the severity and impact of the breach.