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 47/82 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, enacted by the Australian Parliament, serves to regulate civil aviation within Australia, ensuring safety and efficiency in air navigation. To implement the provisions of this Act, the Civil Aviation Safety Regulations 1998 were established, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework is designed to maintain and enhance the safety standards of aviation in Australia, aligning with international conventions such as Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design and the State of Registry must work together to ensure the continuing airworthiness of aircraft. In compliance with these international obligations, CASA has the authority to issue and subsequently cancel ADs, as demonstrated in the case of AD/BELL 47/82 Amendment 1 affecting Bell 47 model aircraft, which has been cancelled due to Australia’s adherence to international standards.
Scope and Application
The Civil Aviation Act 1988, as amended, and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) which are legislative instruments that ensure the safety of air navigation. These ADs apply to specific kinds of aircraft or aeronautical products and are intended to maintain the continuing airworthiness of aircraft, in line with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation. The State of Design is responsible for providing necessary information to ensure the airworthiness of an aircraft type, while the State of Registry must implement requirements to maintain the airworthiness of individual aircraft within its jurisdiction. CASA, acting under regulation 39.001 of the Civil Aviation Safety Regulations 1998, has the authority to issue these directives which are applicable across Australia. The cancellation of AD/BELL 47/82 Amendment 1, which affected Bell 47 model aircraft, exemplifies CASA’s role in ensuring compliance with international obligations, with the cancellation taking effect on 12 February 2009 without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are regarded as legislative instruments under section 6 of the Legislative Instruments Act 2003. Annex 8 to the Convention on International Civil Aviation outlines that the State of Design has overarching responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to the States of Registry to ensure such airworthiness. Meanwhile, the State of Registry is responsible for the continuing airworthiness of individual aircraft and must establish or adopt requirements to this effect.
The obligations under these regulations primarily rest with CASA and the States of Registry. CASA, acting under the authority granted by the Civil Aviation Act 1988, is tasked with issuing airworthiness directives when necessary to maintain safety standards. The State of Registry must ensure that each aircraft under its jurisdiction remains airworthy by developing or adopting appropriate requirements. Furthermore, under Annex 8 of the Convention on International Civil Aviation, the State of Design must provide essential information to States of Registry to help them maintain the airworthiness of aircraft types.
Failure to comply with airworthiness directives or the regulations governing them could result in serious consequences. While specific penalties for non-compliance are not detailed in the provided text, it is clear that any breach of these regulations could potentially lead to civil or criminal penalties, depending on the nature and severity of the non-compliance. CASA’s issuance and subsequent cancellation of AD/BELL 47/82 Amendment 1, due to Australia’s obligations under international conventions, exemplifies the rigorous oversight necessary to maintain aviation safety standards. This cancellation, effective from 12 February 2009, does not require a replacement AD, indicating a thorough review process aimed at ensuring the highest safety standards in civil aviation.