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 2009-12-01 affecting Bell 47 model helicopters. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BELL 47/102, which will become effective on 29 June 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, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, governs the regulation and oversight of civil aviation in Australia, aiming to ensure safety and efficiency in air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were subsequently established to provide detailed safety standards and procedures, including the issuance of airworthiness directives (ADs) for aircraft and aeronautical products. The ADs are legislative instruments created under the authority granted by section 98 of the Civil Aviation Act and regulation 39.001 of the Civil Aviation Safety Regulations. These directives are crucial for maintaining the continuing airworthiness of aircraft, ensuring compliance with international standards set by the Convention on International Civil Aviation, and fulfilling Australia's obligations under international agreements. The issuing of ADs is a function performed by the Civil Aviation Safety Authority (CASA) in its capacity as the national airworthiness authority, and they are designed to address specific safety concerns identified by the aircraft's State of Design or other relevant authorities.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. This legislation applies to all entities involved in the operation of aircraft within Australian jurisdiction, including aircraft manufacturers, operators, and maintenance providers. Geographically, its reach extends across the Commonwealth of Australia, and it applies to all aircraft registered in Australia or operated by Australian entities, regardless of location. This AD is specifically issued in response to an airworthiness directive from the United States Federal Aviation Administration (FAA) concerning Bell 47 model helicopters, reflecting Australia's obligations under the Convention on International Civil Aviation. As such, it does not require public consultation or a Regulatory Impact Statement. The AD has been issued by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the legislative provisions outlined in the Civil Aviation Act 1988.
Key Provisions
The key operative sections of this legislation revolve around the issuance and implementation of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for certain aircraft or aeronautical products. Subregulation 39.001(5) further stipulates that these ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments in their own right. These provisions are essential for ensuring that aircraft maintain the required safety standards and continue to be airworthy.
The obligations imposed by this Act on the parties it governs are multi-faceted. The State of Design, which in this case is the USA for the Bell 47 model helicopters, holds the primary responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to States of Registry. The State of Registry, which is Australia in this context, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. CASA, as Australia's national airworthiness authority, has the obligation to assess information provided by the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with the provisions set out in these regulations can lead to significant consequences. Although specific offences and penalties are not detailed in this explanatory statement, the overarching legal framework suggests that non-compliance with ADs could lead to civil or criminal liabilities. Given that ADs are legislative instruments, breaches may be subject to penalties under the relevant Acts, which could include fines or other sanctions. Such measures are in place to ensure that all parties adhere to the safety standards mandated by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.