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-2007-14 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 427/6, which will become effective on 22 November 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 Australian Parliament, was designed to provide a legislative framework for the regulation of civil aviation within Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to create regulations that serve the interests of aviation safety, with the Civil Aviation Safety Regulations 1998 providing a detailed set of rules and directives to maintain airworthiness. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are crucial for maintaining the continuing airworthiness of aircraft and aeronautical products. These directives are in line with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry. The policy objective of these regulations is to ensure that Australian aviation practices are harmonised with international standards, thereby enhancing the safety and efficiency of civil aviation both domestically and globally.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for particular types of aircraft or aeronautical products. The issuance of an AD is a legislative instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives are integral to maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the design of a particular type of aircraft, has the primary responsibility for ensuring the aircraft's continuing airworthiness, and the State of Registry, where the aircraft is registered, must implement the necessary measures to comply with these requirements. In cases where a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess this information and, if necessary, issue a corresponding Australian AD. This process ensures that Australian-registered aircraft meet international safety standards, thereby aligning with Australia's obligations under international conventions.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to establish regulations that ensure the safety of air navigation. This legislative framework is further detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998, which authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are critical in maintaining the safety and airworthiness of aircraft, and are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them subject to parliamentary scrutiny. According to subregulation 39.001(5), ADs are legislative instruments under the Legislative Instruments Act 2003.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are primarily centred on ensuring the continuing airworthiness of aircraft. According to Annex 8 of the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry to maintain safety standards. The State of Registry, which is the country where the aircraft is registered, must implement or adopt the requirements to ensure the aircraft's airworthiness. In the context of Australia, CASA, as the national airworthiness authority, must assess information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design. For example, Transport Canada issued AD CF-2007-14 for Bell 427 model helicopters, and CASA issued the corresponding Australian AD/BELL 427/6.
Failure to comply with an AD can result in serious safety issues and legal consequences. Although the issuing of ADs, such as AD/BELL 427/6, is mandated by international obligations and the need to respond to directives from the State of Design, it does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD is made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. The exact consequences of non-compliance with an AD would depend on the specifics of the directive, but generally, non-compliance could result in severe penalties, including fines and potential grounding of the aircraft, thereby impacting the safety and legality of air navigation.