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-2009-14 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 407/36, which will become effective on 6 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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate civil aviation within Australia, ensuring safety and security in air navigation. This legislation grants the Governor-General the authority to create regulations that align with the Act's objectives, particularly focusing on the safety of air navigation. Complementing the Civil Aviation Act 1988, the Civil Aviation Safety Regulations 1998, also established by the Australian Government, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, as per regulation 39.001. This directive mechanism ensures that aircraft maintain their airworthiness, thereby upholding safety standards. The Civil Aviation Safety Regulations 1998 further specify that ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. These directives are critical for adhering to international standards set by the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types and the responsibilities of the State of Design and State of Registry.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework through which airworthiness directives (ADs) are issued by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs for specific kinds of aircraft or aeronautical products under regulation 39.001. Such directives are legislative instruments that fall under the purview of the Legislative Instruments Act 2003. The ADs are integral to ensuring the continuing airworthiness of aircraft types, a responsibility that is ultimately held by the State of Design, as stipulated in Annex 8 to the Convention on International Civil Aviation. When a State of Design issues an AD for an aircraft type registered in Australia, CASA must evaluate this information and, if necessary, issue a corresponding Australian AD to enforce the requirements established by the State of Design. This regulatory approach ensures compliance with international standards while maintaining Australia's commitment to aviation safety.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to create regulations in the interests of air navigation safety. Pursuant to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, thus, are legislative instruments under section 6 of the Legislative Instruments Act 2003. This legislative framework ensures that ADs are a crucial tool for maintaining the airworthiness of aircraft types, aligning with international standards set by the Convention on International Civil Aviation.
The Civil Aviation Safety Regulations 1998 mandate that CASA, as Australia's national airworthiness authority, must evaluate any ADs issued by the State of Design and determine if an Australian AD is necessary. This responsibility stems from the State of Registry's duty to ensure the continuing airworthiness of aircraft registered in Australia, in accordance with Annex 8 to the Convention on International Civil Aviation. When a State of Design, such as Transport Canada in this instance, issues an AD for a type of aircraft registered in Australia, CASA must review this information and, if necessary, issue a corresponding Australian AD to enforce the State of Design's requirements. This process ensures that Australian-registered aircraft meet the necessary safety standards as set by their State of Design.
Under the Civil Aviation Safety Regulations 1998, CASA has issued Australian AD/BELL 407/36, responding to Transport Canada's AD CF-2009-14 for Bell 407 series helicopters. Given the nature of these ADs, which are aligned with international obligations and issued in response to an AD from the relevant State of Design, no public consultation has been required. Moreover, the Office of Regulatory Review has concluded that such ADs do not necessitate a Regulatory Impact Statement. The issuance of this AD by CASA was conducted by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
The Civil Aviation Safety Regulations 1998 and associated legislative provisions outline the obligations and requirements for CASA and other entities involved in the maintenance of aircraft airworthiness. The failure to comply with these ADs can result in severe consequences. While specific penalties are not outlined in the provided text, it is understood that non-compliance with ADs can lead to serious safety risks and potential legal ramifications. In general, penalties for non-compliance with airworthiness directives can include significant fines and, in severe cases, criminal charges against individuals or corporations responsible for the non-compliance. The overarching aim is to ensure that all aircraft meet the stringent safety standards required for operation within Australia and internationally.