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 412/35 affecting Bell 412 helicopters in 1995. 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, enacted by the Australian Parliament, aims to provide a comprehensive legal framework to ensure the safety and efficiency of civil aviation within Australia. One of the mechanisms under this Act is the issuance of airworthiness directives (ADs), which are regulatory instruments used to address safety issues with aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 further detail the process by which the Civil Aviation Safety Authority (CASA) can issue these directives. These ADs are designed to maintain the continuing airworthiness of aircraft in accordance with international standards, particularly under Annex 8 of the Convention on International Civil Aviation. The policy objective behind these regulations is to ensure that the Australian civil aviation system adheres to stringent safety standards, thereby protecting the public and maintaining Australia's commitment to international aviation safety protocols.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products, as stipulated under section 98 of the Civil Aviation Act 1988. These directives serve as critical tools for ensuring the ongoing airworthiness of aircraft, in accordance with Australia's obligations under Annex 8 to the Convention on International Civil Aviation. The ADs, being legislative instruments as per the Legislative Instruments Act 2003, are issued by CASA or its predecessors and are applicable to specific aircraft types and aeronautical products within the Australian jurisdiction. The geographic reach of these regulations is national, given Australia's implementation of ICAO standards. Although ADs are legislative instruments subject to disallowance, no replacement AD is required for the specific AD/BELL 412/35 that has been cancelled, as per the stated obligations and international conventions.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are crucial tools for maintaining the safety standards of aviation equipment within Australia, and they are legislative instruments as per subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. An example of such a directive was AD/BELL 412/35, which pertained to Bell 412 helicopters, issued in 1995 and subsequently cancelled by CASA on 19 November 2009. This cancellation aligns with Australia's commitments under the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type and mandates the provision of necessary information to States of Registry to maintain this airworthiness.
In accordance with these regulations, the State of Registry of an individual aircraft bears the responsibility for ensuring the continuing airworthiness of that aircraft. This includes developing or adopting specific requirements that meet the standards set forth in Annex 8. For instance, CASA, as the State of Registry, has the authority and duty to issue ADs that specify the necessary maintenance, repair, and operational requirements to ensure the safe operation of aircraft within Australia.
Entities and individuals governed by these regulations must adhere to the requirements set out in the ADs issued by CASA. This includes following the specified maintenance schedules, repair procedures, and operational guidelines to maintain the airworthiness of their aircraft. Failure to comply with these directives can result in serious safety risks and potential legal consequences. CASA's authority to issue and cancel ADs is derived from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations in the interests of air navigation safety.
Failure to comply with an airworthiness directive can result in significant legal and financial repercussions. Regulatory breaches may lead to enforcement actions by CASA, which can include fines, suspension or revocation of airworthiness certificates, and other administrative penalties. In more severe cases, non-compliance with ADs may lead to criminal charges, with potential penalties including substantial fines and imprisonment, depending on the severity of the breach and its impact on aviation safety. The exact penalties are determined by the relevant aviation safety legislation and may vary based on the specific circumstances of the violation.