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 Transport Canada has issued AD CF-2006-03 affecting Bell Helicopter Textron 222, 222B, 222U, 230 and 430 model aircraft. Canada is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/BELL 222/35 and AD/BELL 430/6, which will become effective on 10 April 2006.
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 provide for the safety, efficiency, and orderly development of civil aviation in Australia. The Act empowers the Governor-General to make regulations for the safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are legislative instruments and must be assessed against international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design. In the case of aircraft registered in Australia, CASA, as the national airworthiness authority, must evaluate and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards. The issuing of AD/BELL 222/35 and AD/BELL 430/6 in response to Transport Canada’s AD CF-2006-03 exemplifies this process, highlighting the importance of harmonising with international obligations and the efficiency of the regulatory framework in maintaining air safety standards.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, ensuring the continuing airworthiness of aircraft registered within the country. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. The scope of the ADs extends to all aircraft registered in Australia, regardless of the State of Design, as CASA is mandated to assess and, if necessary, implement ADs issued by other countries’ aviation authorities, such as Transport Canada, to ensure compliance with international standards. The ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuance of ADs by CASA is integral to fulfilling Australia's responsibilities under Annex 8 to the Convention on International Civil Aviation, which places the State of Design with the overarching duty for an aircraft type's continuing airworthiness. The ADs do not typically require public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and specific safety concerns identified by the aircraft's State of Design.
Key Provisions
The key operative sections of this legislation concern the issuance of airworthiness directives (ADs). Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants CASA the authority to issue ADs for certain types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) establishes that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. This framework ensures that ADs are issued with legal authority and oversight.
The obligations imposed by this Act on parties or entities include adherence to ADs issued by CASA. The State of Design has the responsibility to provide necessary information to ensure the continuing airworthiness of aircraft types, while the State of Registry must develop or adopt requirements to maintain the airworthiness of individual aircraft. When an AD is issued by a State of Design, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that all relevant authorities and operators comply with the highest safety standards.
The Act also outlines the consequences of non-compliance with ADs. While the specific penalties are not detailed in this excerpt, it is clear that failure to adhere to ADs could result in significant legal ramifications. Such non-compliance could potentially lead to enforcement actions, including fines, sanctions, or other penalties as prescribed by the relevant legislation. The serious nature of airworthiness directives underscores the importance of strict compliance to maintain the safety and integrity of the aviation industry.