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.
Transport Canada has issued CF-2001-29, affecting Bell Helicopter Textron Canada (BHTC) Model 222 Series rotorcraft. Canada is the State of Design for this type. As a result of a BHTC Model 222 helicopter coming onto the Australian Register, AD’s issued by Transport Canada for this rotorcraft have been reviewed, and it was found necessary to issue AD/BELL 222/28 which will become effective on 4 August 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 Australian Parliament, was introduced to regulate civil aviation safety and efficiency in Australia. It provides the framework for the Civil Aviation Safety Authority (CASA) to implement safety regulations, including the issuance of airworthiness directives to ensure the continuing airworthiness of aircraft registered in Australia. The Act empowers the Governor-General to make regulations under section 98, which are essential for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue these directives, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. In line with international obligations under Annex 8 to the Convention on International Civil Aviation, Australia’s State of Registry must ensure the continuing airworthiness of aircraft by adopting necessary measures, including issuing Australian airworthiness directives based on directives from the State of Design. This ensures compliance with international standards and facilitates the safe operation of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, through the Civil Aviation Safety Regulations 1998, allows the issuance of airworthiness directives (ADs) to ensure the safety of air navigation, particularly concerning aircraft and aeronautical products. These directives are issued by the Civil Aviation Safety Authority (CASA) in response to airworthiness concerns raised by the State of Design or other ICAO Contracting States. Specifically, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, which in Australia is CASA, must adopt measures to ensure the continuing airworthiness of aircraft registered within its jurisdiction. This regulatory framework ensures that Australian aircraft meet international safety standards. The ADs issued by CASA are legislative instruments under the Legislative Instruments Act 2003, and they do not require public consultation or a Regulatory Impact Statement. The issuance of ADs is mandated by Australia's obligations under the Convention on International Civil Aviation, reflecting the importance of harmonised global aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. This regulatory power extends to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is essentially a legislative instrument as defined in section 6 of the Legislative Instruments Act 2003, and it is also a disallowable instrument under section 46A of the Acts Interpretation Act 1901. These directives are critical for maintaining the continuing airworthiness of aircraft types and aeronautical products, as stipulated by Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these regulations necessitate that the State of Design, which in this context is Canada, take overall responsibility for the continuing airworthiness of aircraft types. This includes providing necessary information to the States of Registry, which in turn must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within their jurisdiction. In Australia, CASA is the national airworthiness authority responsible for assessing information from the State of Design and, if necessary, issuing corresponding Australian ADs. The process involves reviewing ADs from the State of Design, such as Transport Canada’s CF-2001-29 affecting Bell Helicopter Textron Canada (BHTC) Model 222 Series rotorcraft, and determining if Australian ADs need to be issued to align with international safety standards.
Failure to comply with airworthiness directives can lead to serious consequences. Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, non-compliance with ADs can result in civil and criminal penalties. These penalties may include fines and imprisonment, reflecting the high priority placed on ensuring the safety of air navigation. The exact penalties are not specified in the provided text but generally, serious breaches can attract significant fines and lengthy imprisonment terms. The regulatory framework is designed to ensure that all stakeholders, including aircraft operators and manufacturers, adhere strictly to the safety standards set forth in these directives to prevent accidents and ensure the safe operation of aircraft in Australian airspace.