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 USA FAA issued AD 87-09-02R2 Amendment 39-6399, affecting Bell Helicopter Textron Canada (BHTC) Model 222 helicopters, in 1987. USA was the State of Design for the Bell 222 when this AD was issued, and this AD has been retained by the new State of Design, Canada. As a result of a BHTC Model 222 coming on to the Australian Register, CASA has reviewed the FAA AD and raised Australian AD/BELL 222 /29, 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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of the key mechanisms through which this is achieved is the issuance of airworthiness directives (ADs), which are made under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments that serve to maintain the airworthiness of aircraft and aeronautical products by mandating specific safety requirements. The Civil Aviation (Safety) Regulations 1998 were made under the authority of the Act, and the Australian Government, through the Civil Aviation Safety Authority (CASA), is responsible for ensuring compliance with these directives. The policy objective is to align with international standards and ensure the safety of air navigation by mandating requirements that reflect the continuing airworthiness obligations of the State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This regulatory framework is designed to ensure the continuing airworthiness of aircraft and aeronautical products registered in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO) under Annex 8 to the Convention on International Civil Aviation. ADs are critical tools for maintaining safety standards and are issued by CASA when a State of Design, such as the United States, issues a corresponding directive for a particular aircraft type. In these cases, CASA evaluates the foreign AD and, if necessary, issues an Australian AD to mandate compliance with the safety requirements for aircraft registered within Australia. This legislation applies to all aircraft and aeronautical products registered in Australia and to entities involved in their operation, ensuring that safety standards are uniformly enforced across the nation. The regulations do not require public consultation or a Regulatory Impact Statement as they are based on international obligations and the immediate need to ensure safety. The scope of this legislation extends to all types of aircraft and aeronautical products on the Australian Register, without specific exclusions, thereby encompassing the entire civil aviation sector.
Key Provisions
The key sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 that are relevant here include section 98 of the Act, which empowers the Governor-General to make regulations in the interests of air navigation safety, and regulation 39.001 of the Regulations, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products (section 39.001(5)). This provision is significant because it establishes the framework for ensuring that aircraft maintain their airworthiness over time, aligning with international standards set by the Convention on International Civil Aviation.
The Act and Regulations impose specific obligations on CASA and the State of Registry of an individual aircraft. CASA, as Australia's national airworthiness authority, must assess any airworthiness directives issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with the continuing airworthiness requirements. The State of Registry is responsible for implementing these directives to maintain the airworthiness of the aircraft within its jurisdiction. These obligations ensure that aircraft registered in Australia meet the necessary safety standards, both domestically and in accordance with international agreements.
Failure to comply with airworthiness directives can result in significant consequences. While the specific offences and penalties are not detailed in the provided text, it is clear that non-compliance could lead to enforcement actions under civil or criminal law, depending on the nature and severity of the breach. The maximum penalties for such offences could vary, but typically they could include substantial fines or even imprisonment for serious safety violations. The precise penalties would be determined by the applicable laws and regulations at the time of the offence.
In summary, the key sections of the Civil Aviation Act and Regulations establish a framework for the issuance and enforcement of airworthiness directives, ensuring that aircraft maintain their airworthiness. CASA and the State of Registry have specific obligations to implement and enforce these directives. Failure to comply with these directives could lead to serious civil or criminal consequences, highlighting the importance of adherence to airworthiness standards for the safety of air navigation.