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 47/67 Amendment 1 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 was enacted to provide for the regulation of civil aviation in Australia, including the safety of air navigation. The Act empowers the Governor-General to make regulations in the interests of safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). An AD is a legislative instrument that ensures the continuing airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 were amended to reflect Australia's obligations under the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and State of Registry. The cancellation of AD/BELL 47/67 Amendment 1, which affected Bell 47 model aircraft, was made by CASA in accordance with the Act and did not require consultation with the public or a Regulatory Impact Statement.
This legislation aims to ensure the safety of air navigation and the continuing airworthiness of aircraft in Australia, in line with international standards and obligations. The Act and Regulations provide CASA with the authority to issue ADs and other regulatory instruments to achieve this objective, while also recognising the responsibilities of the State of Design and State of Registry under the Convention on International Civil Aviation. The cancellation of AD/BELL 47/67 Amendment 1 is an example of how CASA exercises this authority to ensure the ongoing safety of civil aviation in Australia.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under the Act, CASA is empowered to issue ADs for specific types of aircraft or aeronautical products to ensure compliance with safety standards. These ADs are legislative instruments that fall under the purview of section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. The application of these directives is influenced by the State of Design's responsibility for the continuing airworthiness of aircraft types and the State of Registry's duty to maintain the airworthiness of individual aircraft, as stipulated in Annex 8 to the Convention on International Civil Aviation. The jurisdictional reach of this legislation is national, as CASA operates under the auspices of the Commonwealth of Australia. The ADs do not apply to the general public directly but are enforced by aircraft operators and maintenance entities. This regulatory framework ensures that all aircraft and aeronautical products within Australia's jurisdiction meet stringent safety standards, facilitating safe air navigation across the country.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (reg. 39.001). These directives are designed to ensure that the aircraft or products remain in a condition that is safe for operation. Subregulation 39.001(5) specifies that an AD is a disallowable instrument, which means it can be disallowed by either House of Parliament under the Acts Interpretation Act 1901 (s. 46A). Furthermore, according to the Legislative Instruments Act 2003 (s. 6), an AD is classified as a legislative instrument, subject to disallowance or annulment procedures.
The obligations imposed by these regulations require CASA to maintain the airworthiness of aircraft through the issuance of ADs. These directives are critical as they provide detailed instructions on the maintenance, repair, and replacement of aircraft components to ensure they meet safety standards. The State of Registry of an aircraft, in this case CASA, has the responsibility to ensure the continuing airworthiness of the aircraft within Australia, and must comply with international standards set by the Convention on International Civil Aviation, specifically Annex 8. This includes the obligation to provide necessary information to maintain airworthiness and to follow the directives issued by the State of Design.
In the case of the AD/BELL 47/67 Amendment 1, CASA reviewed and subsequently cancelled the directive for Bell 47 model aircraft, effective from 12 February 2009. This cancellation was due to Australia's obligations under the Convention on International Civil Aviation and did not require public consultation. The cancellation decision was made in accordance with subsection 84A(2) of the Civil Aviation Act 1988, indicating a formal process was followed to ensure compliance with legislative and international standards.
Failure to comply with the provisions of the Civil Aviation Safety Regulations 1998 could result in severe consequences. Although the specific offences and penalties are not detailed in this text, generally, breaches of aviation safety regulations can lead to significant penalties under the Civil Aviation Act 1988. These may include fines, imprisonment, or both, depending on the severity of the breach and the risk posed to public safety.