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 CASA issued AD/BELL 47/71, affecting Bell 47 model helicopters, in 1973. As a result of a request from industry, CASA has amended this AD to reflect changes in practice since the AD was first issued. The amended AD, AD/BELL 47/71 Amendment 1, will become effective on 29 September 2005. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation; and because the change is minor and simplifies compliance for industry, 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, Airframes 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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing the need for a unified legislative structure to ensure the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations in the interests of aviation safety, with one such regulation being the Civil Aviation Safety Regulations 1998. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are essential for maintaining the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The policy objective underpinning these regulations is to harmonise Australia's aviation safety practices with global standards while ensuring the safety of air navigation within the country.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides a framework for the regulation of airworthiness in Australia. Under this legislation, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) to ensure the safety of air navigation. These ADs apply to specific types of aircraft or aeronautical products, and their issuance is a legislative instrument as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure that an aircraft continues to meet airworthiness standards. The AD/BELL 47/71 Amendment 1, issued in response to industry feedback, is an example of CASA fulfilling its obligations under the Convention on International Civil Aviation by ensuring compliance with international standards and practices. Given the minor nature of the amendment and its alignment with international obligations, this AD was not subject to public consultation or a Regulatory Impact Statement.
Key Provisions
The key operative sections of the Civil Aviation (Airworthiness) Amendment (Bell 47/71) Regulations 2005 (F2005L02421) are primarily concerned with the issuance and amendment of airworthiness directives (ADs). Section 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. This legislative framework supports the authority of CASA to mandate airworthiness directives, which are essential for maintaining the safety of air navigation. The specific amendment in question pertains to Bell 47 model helicopters, as detailed in AD/BELL 47/71 Amendment 1, which amends the original AD/BELL 47/71 issued in 1973. The amended directive will become effective on 29 September 2005, reflecting changes in industry practices and ensuring that the aircraft continue to meet airworthiness standards.
The obligations and requirements imposed by these regulations on the parties or entities they govern include the need for compliance with the issued airworthiness directives. The State of Registry, in this case, CASA, is mandated to ensure that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with the ADs. Operators of Bell 47 model helicopters must comply with the requirements of AD/BELL 47/71 Amendment 1, ensuring that any necessary modifications or checks are carried out to maintain the airworthiness of their aircraft. Failure to comply with these directives can result in significant safety risks, and non-compliance is strictly enforced by CASA.
The Civil Aviation (Airworthiness) Amendment (Bell 47/71) Regulations 2005 include provisions for civil and criminal consequences for breaches of the airworthiness directives. While the specific penalties are not detailed in the explanatory statement, non-compliance with airworthiness directives can result in severe penalties under the Civil Aviation Act 1988. This may include fines and potential criminal charges for operators who fail to adhere to the mandated safety standards. CASA has the authority to enforce these regulations and can take action against non-compliant operators, including grounding aircraft and imposing financial penalties. The regulations emphasise the importance of adhering to airworthiness directives to maintain the highest safety standards in civil aviation.