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.
The Civil Aviation Safety Authority or its predecessors issued AD/BELL 222/3 affecting Bell Helicopter Textron Canada (BHTC) 222 series helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/BELL 222/3. The cancellation will become effective on 30 July 2009. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish and maintain a comprehensive regulatory framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, as exemplified by the Civil Aviation Safety Regulations 1998. Specifically, under section 98 of the Civil Aviation Act and regulation 39.001 of the Civil Aviation Safety Regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs, which serve as legislative instruments under the Legislative Instruments Act 2003, are crucial for maintaining the continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is responsible for assessing and, if necessary, issuing Australian ADs in response to directives from the State of Design. This process ensures compliance with international standards and protects the safety of Australian airspace.
Scope and Application
The Civil Aviation Act 1988, as amended and supported by the Civil Aviation Safety Regulations 1998, applies to the regulation of air navigation safety in Australia. Under this legislative framework, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that mandate specific actions to ensure the safety and airworthiness of aircraft within Australia. The ADs are intended to comply with the international standards set out in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type, and the State of Registry as responsible for the continuing airworthiness of individual aircraft. In Australia, CASA, as the national airworthiness authority, assesses ADs issued by the State of Design and may issue corresponding Australian ADs if necessary. In this case, CASA cancelled Australian AD/BELL 222/3 for Bell Helicopter Textron Canada (BHTC) 222 series helicopters, effective from 30 July 2009, due to the unsafe condition no longer existing. Given that the cancellation of this AD was made in accordance with Australia’s international obligations, no public consultation or Regulatory Impact Statement was required.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the framework for the regulation of civil aviation safety in Australia. Section 98 of the Act allows the Governor-General to make regulations necessary for the safety of air navigation, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are tools used by states to ensure the continuing airworthiness of aircraft, with the State of Design having primary responsibility and the State of Registry being responsible for the individual aircraft.
Obligations under this legislation require CASA to assess any ADs issued by the State of Design and, if appropriate, issue corresponding ADs for aircraft registered in Australia. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, and CASA's role is to enforce these requirements through the issuance and monitoring of ADs. For instance, AD/BELL 222/3, which affected Bell Helicopter Textron Canada (BHTC) 222 series helicopters, was assessed by CASA and subsequently cancelled, as the unsafe condition it addressed no longer existed.
The cancellation of an AD does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD/BELL 222/3 cancellation, for example, was made without such consultation due to Australia’s obligations under the Convention on International Civil Aviation. The Manager, Airframe and Structures, in the Airworthiness Engineering Group, made this AD on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Failure to comply with ADs can lead to serious consequences. Although specific offences and penalties are not detailed in the provided text, non-compliance with ADs generally can result in enforcement actions by CASA, which may include fines, suspension, or revocation of airworthiness certificates. The seriousness of these consequences underscores the importance of adhering to the safety regulations outlined in the ADs.