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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/BELL 412/21 affecting Bell 412 helicopters in 1989. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 19 November 2009. No replacement AD is required.
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, New Technology and Regulatory Trends, in the Standards Development and Future Technology 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 the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. In line with this, the Civil Aviation Safety Regulations 1998 were introduced to provide detailed safety standards and procedures, one of which includes the issuance of airworthiness directives (ADs). These ADs are legislative instruments that pertain to the continuing airworthiness of aircraft and aeronautical products, as stipulated under section 98 of the Act and regulation 39.001 of the Regulations. The Civil Aviation Safety Authority (CASA) is responsible for issuing these directives, which are intended to align with international standards set by the International Civil Aviation Organization (ICAO). The explanatory statement clarifies that a specific AD affecting Bell 412 helicopters, previously issued by CASA, has been cancelled due to obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required as a result. This AD cancellation was made by the Manager, New Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA.
Scope and Application
The Civil Aviation Safety Regulations 1998, which are made under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. This regulatory framework applies to all entities involved in the operation and maintenance of aircraft within Australia, encompassing both domestic and international flights. ADs, as disallowable instruments, are legislative in nature and serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft types as mandated by the Convention on International Civil Aviation. The State of Design holds primary responsibility for providing necessary information to ensure airworthiness, while the State of Registry is tasked with implementing the ADs to ensure compliance and safety. The recent cancellation of AD/BELL 412/21 for Bell 412 helicopters, effective from 19 November 2009, exemplifies CASA's adherence to international obligations and its role in updating safety regulations as necessary. The process of issuing and cancelling such directives underscores the importance of ongoing review and alignment with global aviation safety standards.
Key Provisions
Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations aimed at ensuring the safety of air navigation. This authority is exercised by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as defined by section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the ADs are significant for both the State of Design and the State of Registry. The State of Design, under Annex 8 to the Convention on International Civil Aviation, holds the responsibility for the continuing airworthiness of an aircraft type and must furnish necessary information to ensure the type’s airworthiness to the appropriate States of Registry. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft within its jurisdiction. These obligations ensure that all parties involved in the design, manufacture, and operation of aircraft contribute to maintaining high safety standards.
Failure to comply with ADs can result in various consequences. While the specific civil or criminal penalties are not detailed in the text, breaches of aviation regulations generally attract substantial fines and potential imprisonment. The severity of penalties can vary based on the nature and impact of the non-compliance, reflecting the critical importance of adhering to safety directives in the aviation industry. CASA’s role in issuing and enforcing ADs underscores the regulatory framework’s commitment to maintaining air safety and ensuring that all stakeholders adhere to established safety protocols.