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 412/8 affecting Bell 412 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 18 December 2008. 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, 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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, with a focus on ensuring the safety and efficiency of air navigation. The Civil Aviation Safety Regulations 1998 were made under the authority of the Act to provide detailed safety standards and requirements for aircraft and aeronautical products. The Act and Regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to address safety issues with specific types of aircraft or aeronautical products. The ADs serve as a mechanism to ensure the continuing airworthiness of aircraft and are issued in accordance with Australia's obligations under the Convention on International Civil Aviation. The ADs are legislative instruments and are subject to disallowance by Parliament. In this instance, CASA has cancelled an existing AD affecting Bell 412 aircraft due to Australia's obligations under the Convention, with the cancellation becoming effective on 18 December 2008, and no replacement AD is required.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the scope and application of airworthiness directives in Australia, specifically in the interests of safety in air navigation. Under these legislative frameworks, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives for specific kinds of aircraft or aeronautical products. These directives are legal instruments that serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft, in accordance with international obligations under the Convention on International Civil Aviation. CASA, acting in its capacity to uphold these international standards, has the authority to issue, review, and cancel such directives as necessary. For instance, CASA has cancelled AD/BELL 412/8 affecting Bell 412 aircraft, a decision made in line with Australia’s commitments under the Convention, and effective from 18 December 2008, without the need for public consultation or a Regulatory Impact Statement. The authority to issue these directives extends to CASA’s Manager, Systems and New Technologies within the Airworthiness Engineering Group, ensuring that the directives are made in compliance with the relevant statutory provisions.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. An AD is a legislative instrument (section 6 of the Legislative Instruments Act 2003) that is subject to disallowance under section 46A of the Acts Interpretation Act 1901. These directives are a common means for states to communicate continuing airworthiness information, aligning with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the ongoing airworthiness of an aircraft type and the State of Registry the responsibility for individual aircraft.
The obligations imposed by the AD system include the responsibility of the State of Registry to develop or adopt requirements to ensure the continuing airworthiness of aircraft and the obligation of the State of Design to provide necessary information to other States of Registry. CASA, as the regulatory authority, has the duty to issue ADs where necessary to maintain safety standards and to review and, if necessary, cancel ADs. In the case of AD/BELL 412/8 affecting Bell 42 aircraft, CASA has reviewed and subsequently cancelled the directive, effective 18 December 2008, without a replacement directive. This action is taken in accordance with Australia's obligations under the Convention on International Civil Aviation, without the need for public consultation or a Regulatory Impact Statement.
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences or penalties for non-compliance with ADs. However, failure to comply with an AD can have serious safety implications and may lead to enforcement actions under the Civil Aviation Act 1988. This could include fines or imprisonment for individuals or corporations found to be in breach of safety regulations. CASA has the authority to enforce compliance through various means, including inspections, audits, and legal proceedings. The specific penalties for non-compliance with ADs are not detailed in the provided text but are generally commensurate with the severity of the breach and the potential impact on aviation safety.