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-2005-27 affecting Bell Models 222, 222B, and 222U aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BELL 222/34, which will become effective on 19 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 Manager, New Technologies and Systems, 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 was enacted to establish a comprehensive legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. In the context of maintaining airworthiness, the Civil Aviation Safety Regulations 1998 were introduced to provide detailed regulatory mechanisms, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001. The problem this legislation seeks to address is the need for a consistent and internationally recognised approach to the continuing airworthiness of aircraft, which is critical for public safety and compliance with international aviation standards. The Act empowers CASA to issue ADs based on assessments of directives issued by the State of Design, aligning with international obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates the State of Design to provide necessary information for ensuring continuing airworthiness. The legislative process, involving the Manager, New Technologies and Systems, ensures that ADs are issued in accordance with the Act, reflecting Australia's commitment to international safety standards without necessitating public consultation.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are intended to ensure the safety of air navigation and are issued in accordance with international standards set by the Convention on International Civil Aviation, specifically Annex 8. As a legislative instrument, an AD is subject to disallowance and has been determined not to require a Regulatory Impact Statement. The AD applies to the State of Registry responsible for individual aircraft and mandates compliance with international airworthiness requirements. CASA’s issuance of ADs, such as AD/BELL 222/34, is in direct response to ADs issued by the State of Design, in this case, Transport Canada for Bell Models 222, 222B, and 222U aircraft. No public consultation is required for such ADs as they are issued under Australia's obligations to the Convention on International Civil Aviation. The AD is issued by CASA, on behalf of the Governor-General, in accordance with the Civil Aviation Act 1988, and is subject to the statutory requirement of being a disallowable instrument under the Acts Interpretation Act 1901.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation (sections 98 and 39.001). According to the Act, the Governor-General can make regulations for air safety, and under the Civil Aviation Safety Regulations, CASA can issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design, which is the country where the aircraft was designed, is responsible for providing information on the continuing airworthiness of the aircraft type. The State of Registry, which is the country where the aircraft is registered, must ensure the continuing airworthiness of the aircraft and develop or adopt requirements to achieve this.
The obligations imposed by these provisions include the requirement for CASA to assess any ADs issued by the State of Design that affect aircraft on the Australian Register. If an AD is deemed necessary, CASA must issue a corresponding Australian AD to mandate the requirements of the State of Design. This process ensures that Australian aircraft meet international safety standards and comply with the requirements set by the State of Design. Additionally, the State of Registry must develop or adopt its own requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction.
Failure to comply with an AD can lead to serious consequences. While the Civil Aviation Safety Regulations 1998 do not specify explicit offences or penalties for non-compliance with ADs, non-compliance can result in civil or criminal penalties under the Civil Aviation Act 1988. For example, operating an aircraft that does not comply with an AD can lead to fines or imprisonment under section 39 of the Act. The severity of the penalties can depend on the nature and extent of the non-compliance, as well as any resulting safety risks.
In summary, the key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 mandate that CASA can issue ADs to ensure air safety and continuing airworthiness of aircraft. The State of Design must provide information to ensure the safety of aircraft types, while the State of Registry must implement requirements to ensure the airworthiness of registered aircraft. Failure to comply with an AD can lead to civil or criminal penalties, underscoring the importance of adhering to these safety directives.