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 47/84 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 establish a legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to create regulations that serve the interests of aviation safety. The Civil Aviation Safety Regulations 1998, made under the authority of this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, which are legislative instruments as per the Legislative Instruments Act 2003, play a crucial role in maintaining the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The recent cancellation of a specific AD, affecting Bell 47 model aircraft, exemplifies CASA's commitment to upholding both national and international aviation safety obligations. This action was taken without public consultation, as it aligns with Australia’s commitments under the Convention on International Civil Aviation, and does not require a Regulatory Impact Statement according to the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988 applies to various entities and conduct within the aviation industry, particularly those related to airworthiness and safety. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 implementing these provisions. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, which are legislative instruments under the Legislative Instruments Act 2003. These ADs ensure compliance with international standards, as stipulated in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for an aircraft type's continuing airworthiness, and the State of Registry as responsible for individual aircraft. The geographic reach of the Act is national, as it applies to all aircraft registered in Australia. The Act does not specify exclusions or thresholds, but its application can be extended or restricted through subordinate instruments. In this instance, CASA has cancelled AD/BELL 47/84 affecting Bell 47 model aircraft, effective from 12 February 2009, aligning with Australia's obligations under international aviation conventions.
Key Provisions
Under the Civil Aviation Act 1988 (section 98), the Governor-General has the authority to make regulations aimed at ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. Section 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby rendering it a legislative instrument as per section 6 of the Legislative Instruments Act 2003. These directives are pivotal in maintaining the continuing airworthiness of aircraft types and are commonly issued by ICAO Contracting States, including Australia.
The obligations imposed by the Civil Aviation Safety Regulations 1998 include the requirement for the State of Design to ensure the continuing airworthiness of an aircraft type, providing necessary information to the State of Registry. The State of Registry, in turn, must develop or adopt requirements to guarantee the ongoing airworthiness of individual aircraft. In practical terms, this means that the State of Design must oversee the maintenance and safety of aircraft types, while the State of Registry must enforce these safety standards on specific aircraft. CASA, as the regulatory authority in Australia, has the responsibility to issue ADs to maintain these standards.
Failing to comply with the airworthiness directives issued under the Civil Aviation Safety Regulations 1998 can result in significant legal consequences. Although specific offences and penalties are not detailed in the document, the general framework of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 would apply. Non-compliance could potentially lead to enforcement actions, fines, or other civil or criminal penalties, depending on the severity and nature of the breach. The exact penalties would be determined by the courts, considering the specific circumstances of each case.
It is noteworthy that the cancellation of AD/BELL 47/84, which affected Bell 47 model aircraft, was made in accordance with Australia's obligations under the Convention on International Civil Aviation. This cancellation was effective from 12 February 2009, and no replacement AD was deemed necessary. The cancellation process did not involve consultation with the Australian public, as determined by the Office of Best Practice Regulation, which found that ADs do not require a Regulatory Impact Statement. This decision was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in compliance with subsection 84A(2) of the Act.