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 issued AD CF-2009-03 affecting Bell 407 series helicopters. Canada is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/BELL 407/34, which will become effective on 7 May 2009.
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, Systems and New Technologies 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 to enhance safety in air navigation, provides the legislative framework within which airworthiness directives (ADs) are issued. The Act empowers the Governor-General to create regulations that align with the Act's objectives, as seen in the Civil Aviation Safety Regulations 1998. These regulations permit the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. As stipulated in the Legislative Instruments Act 2003, ADs are considered legislative instruments and are subject to disallowance. The Act facilitates Australia's compliance with international standards set by the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design holds responsibility for an aircraft type's continuing airworthiness. CASA, acting as the national airworthiness authority, assesses the ADs issued by the State of Design and, if necessary, issues corresponding Australian ADs to ensure compliance with international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory measure is critical to ensuring the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO). The ADs are legislative instruments that mandate compliance with safety requirements established by the State of Design, which is responsible for the overall airworthiness of a particular aircraft type, and the State of Registry, which is responsible for the airworthiness of individual aircraft within its jurisdiction. In the case of foreign ADs, CASA evaluates the necessity of issuing corresponding Australian ADs to maintain safety standards within the Australian aviation sector. This legislative framework underscores Australia's commitment to international civil aviation safety protocols, ensuring that aircraft operating in Australian airspace meet stringent safety criteria. Notably, the issuance of such directives does not necessitate public consultation or a Regulatory Impact Statement, as they are derived from international obligations and assessments conducted by CASA.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for ensuring the safety of air navigation, with particular attention to the continuing airworthiness of aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that support the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD is a legislative instrument and is subject to disallowance as specified in section 46A of the Acts Interpretation Act 1901. It is essential to note that under Annex 8 to the Convention on International Civil Aviation, the State of Design of an aircraft type has the primary responsibility for ensuring its continuing airworthiness and must provide necessary information to States of Registry to maintain this airworthiness.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are required to comply with airworthiness directives as mandated by CASA. For example, when a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the directive and, if appropriate, issue an Australian AD. This ensures that the requirements of the State of Design are enforced within Australia, maintaining the safety standards for the aircraft. The State of Registry, in this case CASA, has the responsibility to ensure the continuing airworthiness of aircraft registered in Australia. This involves developing or adopting requirements that ensure aircraft remain airworthy and meet international standards.
Breach of the requirements set out in an airworthiness directive can result in significant consequences. Although specific penalties are not outlined in the provided text, violations of regulations and directives under the Civil Aviation Act 1988 could potentially lead to enforcement actions, fines, or other civil and criminal penalties. It is crucial for all parties involved, including aircraft manufacturers, operators, and regulatory authorities, to adhere to these directives to maintain the safety of air navigation and to comply with international aviation standards.