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 47/31 affecting Bell 47 model aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 12 February 2009. 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, enacted by the Australian Parliament, establishes the framework for the regulation of civil aviation in Australia, with a focus on ensuring safety. This Act empowers the Governor-General to create regulations that serve the interests of air navigation safety. In particular, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, thus maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. These ADs, considered legislative instruments under the Legislative Instruments Act 2003, are crucial for ensuring compliance with international standards and obligations. The policy objective behind these regulations is to uphold the highest safety standards in civil aviation, in line with Australia's commitments under international conventions.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Specifically, regulation 39.001 empowers CASA to issue ADs concerning certain types of aircraft or aeronautical products. These ADs, being legislative instruments as defined under section 46A of the Acts Interpretation Act 1901, serve as critical tools in ensuring the continuing airworthiness of aircraft. The geographic scope of this legislation is national, as it pertains to aircraft registered within Australia and aligns with the international standards set forth by the International Civil Aviation Organization (ICAO). The legislation applies to aircraft operators, manufacturers, and maintenance providers within the Australian jurisdiction, ensuring compliance with both domestic and international air safety standards. There are no specific exclusions or exemptions mentioned within the text; however, the application of ADs is generally contingent upon the specific types of aircraft or aeronautical products involved. The Act and its regulations may be extended or restricted through subordinate instruments, ensuring that the safety standards are consistently met and adapted to emerging safety concerns or technological advancements.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to create regulations that promote the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This process is further defined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, which stipulates that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and therefore a legislative instrument under section 6 of the Legislative Instruments Act 2003. ADs serve as a common means of continuing airworthiness information, as outlined in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overarching responsibility for ensuring the airworthiness of an aircraft type.
The obligations imposed by these provisions on CASA include the issuance and management of airworthiness directives, ensuring that these directives meet the standards set forth by international conventions and national regulations. CASA is required to review and potentially cancel ADs in accordance with Australia’s obligations under international agreements, as seen with the cancellation of AD/BELL 47/31 affecting Bell 47 model aircraft. This cancellation is effective as of 12 February 2009, and no further action is required since no replacement AD is necessary. The State of Registry, which in this case is Australia, also has a responsibility to develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 could result in various civil or criminal consequences, depending on the nature and severity of the breach. Penalties for non-compliance with ADs could include fines or imprisonment, as stipulated under the relevant sections of the Act. The maximum penalties would be determined by the specific regulatory provisions applicable to the breach. It is important for all parties governed by these regulations to adhere to the mandates and standards set forth to maintain the safety and airworthiness of aircraft operating within Australia.