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 222/7 affecting Bell Helicopter Textron Canada (BHTC) 222 series helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/BELL 222/7. 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, enacted by the Parliament of Australia, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft. In line with this objective, the Act provides for the creation of regulations to govern various aspects of civil aviation, including the issuance of airworthiness directives (ADs) as stipulated under section 98. The Civil Aviation Safety Regulations 1998 further elaborate on the process for issuing ADs, which serve as critical instruments for maintaining the airworthiness of aircraft types registered in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs, which are subject to disallowance as per the Acts Interpretation Act 1901. Additionally, the Act mandates that CASA, as Australia’s national airworthiness authority, must respond to ADs issued by the State of Design by assessing and, if necessary, issuing corresponding Australian ADs. This ensures compliance with international standards set by the Convention on International Civil Aviation, particularly those concerning the continuing airworthiness of aircraft.
Scope and Application
The Civil Aviation Act 1988, specifically 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 kinds of aircraft or aeronautical products, ensuring these meet safety standards. These ADs, which are legislative instruments, are essential for the continuing airworthiness of aircraft types and are typically issued by the State of Design, with the State of Registry responsible for ensuring compliance at the individual aircraft level. In the context of Australia, CASA, as the national airworthiness authority, must evaluate ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. For instance, CASA assessed and subsequently cancelled Australian AD/BELL 222/7 for Bell Helicopter Textron Canada (BHTC) 222 series helicopters, effective from 30 July 2009, due to the resolution of the unsafe condition identified. This process is conducted in accordance with Australia's obligations under the Convention on International Civil Aviation, and as ADs do not require a Regulatory Impact Statement, no public consultation was undertaken regarding this cancellation. The AD was issued by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, under the authority granted by subsection 84A(2) of the Act.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that ADs are considered disallowable instruments under the Acts Interpretation Act 1901, and thus legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by these provisions are primarily on CASA and other relevant authorities. CASA, as Australia's national airworthiness authority, has the responsibility to assess information from the State of Design and issue Australian ADs if necessary to ensure the continuing airworthiness of aircraft registered in Australia. The State of Registry, typically the country where the aircraft is registered, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. This is in line with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design has overall responsibility for continuing airworthiness of an aircraft type and must provide necessary information to appropriate States of Registry.
Offences, penalties, or civil/criminal consequences for breach of the provisions in the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 are not explicitly detailed in the text. However, non-compliance with ADs can result in severe safety risks and potential regulatory action, including enforcement measures by CASA. The severity of penalties would depend on the nature and extent of the non-compliance, but could potentially include fines or other legal actions to ensure adherence to safety regulations. The text does indicate that the cancellation of an AD, such as AD/BELL 222/7, is a response to the resolution of an unsafe condition, and does not necessarily involve public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.