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-2009-10R1 affecting Bell 427 model helicopters. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BELL 427/12, which will become effective on
19 November 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, primarily to ensure the safety of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, including the issuance of airworthiness directives under section 98. These directives are critical in maintaining the safety standards of aircraft and aeronautical products as they are mandated by the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Regulations 1998 were established to facilitate the implementation of international safety standards, and regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue such directives. This legislative structure ensures that Australia adheres to its international obligations under the Convention on International Civil Aviation, specifically Annex 8, which places the responsibility of continuing airworthiness on the State of Design. CASA, as the national airworthiness authority, must therefore assess and issue Australian airworthiness directives in response to those issued by the relevant State of Design.
Scope and Application
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 apply to the issuance of airworthiness directives (ADs) which are critical for ensuring the continuing airworthiness of aircraft registered in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs concerning specific types of aircraft or aeronautical products, aligning with the overarching objective of ensuring safety in air navigation. ADs are legislative instruments as per the Legislative Instruments Act 2003, and they reflect Australia's commitments under Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry, in this case CASA, is mandated to enforce these directives to maintain safety standards. ADs are issued without public consultation and do not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The issuance of such directives is a direct response to similar directives from the State of Design, such as the case of AD CF-2009-10R1 issued by Transport Canada affecting Bell 427 model helicopters, which CASA has subsequently mirrored with Australian AD/BELL 427/12 effective from 19 November 2009.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998, as exemplified in the issuance of airworthiness directives (ADs), are primarily found in sections 98, 39.001, and 39.001(5). Section 98 of the Act allows the Governor-General to make regulations for air navigation safety, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for aircraft types or aeronautical products. Under subregulation 39.001(5), ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, as legislative instruments under section 6 of the Legislative Instruments Act 2003.
In issuing ADs, CASA must consider the responsibilities of both the State of Design and the State of Registry. The State of Design, as per Annex 8 to the Convention on International Civil Aviation, is tasked with ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. CASA, as Australia’s national airworthiness authority, must then assess this information and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design. For instance, Transport Canada issued AD CF-2009-10R1 for Bell 427 model helicopters, which CASA assessed and subsequently issued as Australian AD/BELL 427/12, effective from 19 November 2009.
The obligations imposed by these regulations primarily concern the continuous airworthiness of aircraft. The State of Design must ensure the airworthiness of an aircraft type and communicate necessary information to the States of Registry. The States of Registry, including CASA, must develop or adopt requirements to maintain the airworthiness of aircraft registered within their jurisdiction. CASA’s obligation is to assess and, if necessary, implement ADs issued by the State of Design, ensuring that Australian-registered aircraft comply with international safety standards.
Breaching the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to civil and criminal consequences. The maximum penalties for breaches depend on the nature and severity of the violation. For instance, contravening ADs could result in significant fines and potential imprisonment. While specific maximum penalties are not detailed in the provided text, they are generally outlined in the relevant sections of the Act and the Regulations, reflecting the serious implications of non-compliance with airworthiness directives.