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 Transport Canada has issued AD CF-2006-03 affecting Bell Helicopter Textron 222, 222B, 222U, 230 and 430 model aircraft. Canada is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/BELL 222/35 and AD/BELL 430/6, which will become effective on 10 April 2006.
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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, provides a framework for ensuring the safety of civil aviation in Australia. This legislation empowers the Governor-General to make regulations for the Act's purposes, particularly to safeguard air navigation. The Civil Aviation Safety Regulations 1998 further elaborate on the regulatory aspects, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft, in line with international obligations under the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is mandated to assess and, if necessary, issue Australian ADs when corresponding directives are issued by the State of Design, ensuring compliance with safety standards and international commitments.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework under which airworthiness directives (ADs) are issued by the Civil Aviation Safety Authority (CASA). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that pertain to the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The issuance of ADs is mandated by international standards under Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for the continuing airworthiness of aircraft types and must share necessary information with the States of Registry, which in turn are tasked with ensuring the airworthiness of individual aircraft within their jurisdiction. In Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and issue corresponding ADs if necessary. This regulatory process ensures that Australian aircraft comply with international safety standards. The specific AD/BELL 222/35 and AD/BELL 430/6 issued by CASA in response to an AD from Transport Canada for Bell Helicopter Textron models exemplifies this regulatory interaction and is effective from 10 April 2006.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for the regulation of airworthiness in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as stipulated in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA to meticulously assess any airworthiness directives issued by the State of Design, which has the overarching responsibility for the continuing airworthiness of an aircraft type. When an AD is issued by the State of Design, CASA must evaluate this directive and, if necessary, issue a corresponding Australian AD to enforce the requirements of the foreign directive on aircraft registered in Australia. This ensures compliance with international standards and maintains the safety of air navigation within Australia. The State of Registry is also obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft, in accordance with Annex 8 to the Convention on International Civil Aviation.
The issuance of an airworthiness directive by CASA is not subject to public consultation, as these directives are typically issued in response to international obligations and specific safety concerns raised by the State of Design. This was the case with AD/BELL 222/35 and AD/BELL 430/6, which were issued following an AD by Transport Canada affecting certain Bell Helicopter Textron models. Furthermore, these ADs do not require a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The AD was made by the Manager, New Technologies and Systems, within CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
The Civil Aviation Safety Regulations 1998 outline various offences and penalties for non-compliance with airworthiness directives. Breaches of these regulations can result in significant civil and criminal consequences. For instance, failure to comply with an AD can lead to the grounding of an aircraft, fines, or even imprisonment for serious breaches that endanger safety. The specific penalties depend on the nature and severity of the breach, but they are designed to enforce strict compliance with airworthiness standards. It is crucial for all parties governed by these regulations to adhere to the directives to ensure the safety of air navigation.