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 USA FAA issued AD 87-13-01 Amendment 39-5911, affecting Bell Helicopter Textron Canada (BHTC) Model 222 helicopters, in 1987. USA was the State of Design for the Bell 222 when this AD was issued, and this AD has been retained by the new State of Design, Canada. As a result of a BHTC Model 222 coming on to the Australian Register, CASA has reviewed the FAA AD and raised Australian AD/BELL 222/9 Amendment 1, which will become effective on 4 August 2005. This AD cancels and replaces the previous issue.
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 - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a legal framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation within the country. This Act empowers the Governor-General to make regulations necessary for air safety, with the Civil Aviation Safety Regulations 1998 providing specific guidelines. One such regulation allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft and aeronautical products. This legislative instrument is critical for maintaining the continuing airworthiness of aircraft, aligning with international standards under the Convention on International Civil Aviation. The AD process is integral to fulfilling Australia's obligations as both a State of Registry and a State of Design, ensuring that safety directives issued by other nations are appropriately adopted and enforced within the Australian aviation sector.
Scope and Application
The Civil Aviation Regulations 1998, specifically regulation 39.001, authorise the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for certain types of aircraft or aeronautical products to ensure the safety of air navigation. This legislative instrument applies to all entities and individuals involved in the design, manufacture, and operation of aircraft within Australia, including aircraft owners, operators, maintenance providers, and manufacturers. The application of these regulations extends to all aircraft registered in Australia, regardless of whether they are domestically or internationally operated. The ADs are made in accordance with the obligations under the Convention on International Civil Aviation, particularly Annex 8, which assigns the State of Design the responsibility for continuing airworthiness of an aircraft type. While the ADs are issued under the authority of the Civil Aviation Act 1988, they do not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review. The ADs are considered disallowable instruments under the Acts Interpretation Act 1901, and they are legislative instruments as per the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to make regulations to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are critical for maintaining the safety and airworthiness of aircraft in operation, and they are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the accompanying regulations on parties such as CASA, aircraft operators, and States of Design and Registry are significant. The State of Design, which is responsible for the ongoing airworthiness of an aircraft type, must provide necessary information to States of Registry. CASA, acting as Australia’s national airworthiness authority, is required to review this information and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards and the safety of aircraft registered in Australia. This ensures that all stakeholders are informed of and comply with the necessary safety requirements.
Failure to comply with ADs can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an airworthiness directive can lead to various penalties. These may include fines, imprisonment, or both, depending on the severity of the breach and the specific regulations involved. The maximum penalties can be significant, reflecting the importance of adhering to airworthiness directives to maintain the safety of air navigation. Civil and criminal liability can also arise for operators who fail to comply with these directives, highlighting the critical nature of these regulations.
In summary, the key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 ensure that airworthiness directives are issued to maintain the safety of aircraft. These directives are legally binding and failure to comply can result in severe penalties, reinforcing the importance of adherence to these regulations by all parties involved.