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.
The US FAA has issued AD 2007-19-53 affecting Bell 412 model helicopters. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BELL 412/52, which will become effective on 18 September 2007.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes 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 Commonwealth Parliament, establishes the framework for ensuring the safety and efficiency of civil aviation in Australia. The Act empowers the Governor-General to make regulations in the interest of air navigation safety, which includes the issuance of airworthiness directives (ADs) to ensure aircraft remain in a condition safe for operation. The Civil Aviation Safety Regulations 1998 further detail the mechanisms by which ADs can be issued by the Civil Aviation Safety Authority (CASA), the national airworthiness authority. These directives are crucial for maintaining the continuing airworthiness of aircraft as mandated by international conventions, such as Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for issuing ADs. In compliance with these international obligations, CASA issues Australian ADs in response to directives from the relevant State of Design, ensuring that Australian-registered aircraft meet international safety standards.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the legislative framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). These regulations empower CASA to mandate specific safety measures for types of aircraft or aeronautical products to ensure the safety of air navigation. The issuance of ADs is a critical mechanism in maintaining the continuing airworthiness of aircraft, which is a shared responsibility between the State of Design and the State of Registry. In the case of Australia, CASA, as the national airworthiness authority, assesses ADs issued by other states, such as the United States, and issues corresponding Australian ADs when necessary. This practice is in line with international obligations under the Convention on International Civil Aviation, particularly Annex 8, which outlines the responsibilities of states in ensuring the airworthiness of aircraft. The ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The process of issuing an AD, such as AD/BELL 412/52 for Bell 412 model helicopters, does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The Manager, Airframes in the Airworthiness Engineering Branch at CASA is responsible for issuing these directives in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, outlines the legal framework for the issuance and enforcement of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance provisions outlined in section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these regulations include the responsibility of the State of Design to ensure the continuing airworthiness of aircraft types and provide necessary information to the States of Registry. The State of Registry, which in the case of Australia is CASA, must develop or adopt requirements to maintain the airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA must review the information and, if appropriate, issue a corresponding Australian AD to enforce the same requirements. This process ensures that Australian aircraft meet international safety standards as outlined by the Convention on International Civil Aviation.
Failure to comply with an AD can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence. The Act provides for various penalties for breaches, including fines and imprisonment. The severity of the penalty depends on the nature and extent of the non-compliance. For instance, a person who contravenes an AD may be subject to a penalty of up to $275,000 for a corporation or $55,000 for an individual, along with potential imprisonment terms. These stringent measures underscore the importance of adhering to ADs to maintain the highest safety standards in civil aviation.