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 US FAA has issued AD 82-09-53 affecting Bell 222 model helicopters. At the time, the USA was the State of Design for this type. As a result of a Bell 222 returning to the Australian register, CASA has assessed this AD and has issued Australian AD/BELL 222/30, 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 - Airframes, 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, is designed to regulate civil aviation within Australia and ensure the safety of air navigation. In conjunction with the Civil Aviation Regulations 1998, the Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are critical in maintaining the continuing airworthiness of aircraft. These ADs are legislative instruments that are necessary to comply with Australia's obligations under the Convention on International Civil Aviation. The ADs are issued in response to directives from the State of Design or as a result of specific safety concerns identified by CASA. The Civil Aviation Act 1988, in conjunction with the Civil Aviation Regulations 1998, allows CASA to mandate specific requirements to ensure the safety and airworthiness of aircraft within the Australian register, without the need for public consultation or a Regulatory Impact Statement due to the international regulatory framework governing such directives.
Scope and Application
The Civil Aviation Act 1988 and associated Civil Aviation Regulations 1998 provide a comprehensive framework for regulating the safety of air navigation in Australia. This framework includes the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the continuing airworthiness of aircraft registered in Australia. The ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901, and they are mandated under Annex 8 to the Convention on International Civil Aviation, which stipulates the responsibilities of the State of Design and the State of Registry for the airworthiness of aircraft. The ADs are issued by CASA in response to directives from the relevant State of Design, as demonstrated in the case of the Bell 222 model helicopters, where CASA issued AD/BELL 222/30 in response to a US Federal Aviation Administration directive. The ADs are not subject to public consultation or the requirement for a Regulatory Impact Statement, reflecting their technical nature and the urgency of air safety issues. The issuance of these directives is overseen by the appropriate Section Head within CASA, ensuring compliance with the legislative provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the associated regulations, such as the Civil Aviation Safety Regulations 1998, provide the framework for ensuring the safety of air navigation in Australia. Section 98 of the Act empowers the Governor-General to make regulations for the Act's purposes, which includes ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. An AD is a legislative instrument under section 6 of the Legislative Instruments Act 2003, and it is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
Under these regulations, CASA has the authority to issue ADs when required to maintain the continuing airworthiness of aircraft registered in Australia. The State of Design, typically the country where the aircraft type is designed, has the overall responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to ensure airworthiness to States of Registry, which are responsible for individual aircraft. In cases where an AD is issued by the State of Design, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The obligations imposed on the parties governed by these provisions include ensuring that the ADs issued by CASA are adhered to by all relevant parties, such as aircraft operators and owners. These parties are required to comply with the ADs to ensure the continuing airworthiness of their aircraft, which includes implementing any specified inspections, repairs, or modifications. CASA also has the responsibility to monitor compliance and enforce the requirements set out in the ADs.
Failure to comply with an AD can result in significant consequences. Section 92 of the Civil Aviation Act 1988 outlines that operating an aircraft in a manner that contravenes an AD is an offence. The penalties for such offences can include fines and imprisonment, with specific maximum penalties as prescribed by the law. Additionally, non-compliance can lead to the suspension or revocation of an aircraft's certificate of airworthiness, which is critical for legal operation. The safety and regulatory framework established by these provisions underscores the importance of strict adherence to ADs to maintain the high safety standards expected in civil aviation.