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 47/94 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, Airframes 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 to ensure the safety of air navigation, allows the Governor-General to establish regulations for this purpose. The Civil Aviation Safety Regulations 1998 further empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products, which are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These ADs are crucial for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation, with the State of Design and Registry having overarching responsibilities. The Civil Aviation Safety Regulations 1998 enable CASA to issue, review, and cancel ADs, reflecting Australia’s commitment to international civil aviation standards. The cancellation of AD/BELL 47/94 concerning Bell 47 model aircraft exemplifies CASA’s adherence to these international obligations, leading to the AD’s cancellation without public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Safety Regulations 1998, which are made under the Civil Aviation Act 1988, provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations enable CASA to issue ADs concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation. This regulatory power is derived from section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. Notably, an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is classified as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. The ADs serve as a mechanism for States of Design and States of Registry to manage the continuing airworthiness of aircraft, aligning with obligations under Annex 8 to the Convention on International Civil Aviation. In the case of Australia, CASA has the authority to issue, review, and cancel such directives, as demonstrated by the recent cancellation of AD/BELL 47/94 affecting Bell 47 model aircraft, effective from 12 February 2009, without a replacement directive required. The cancellation process adheres to Australia's international obligations and does not necessitate public consultation or a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, as applied in this instance, centre around the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby making it a legislative instrument as defined in the Legislative Instruments Act 2003.
The obligations and requirements imposed by the Act and the Regulations on the parties and entities they govern primarily revolve around ensuring the safety of air navigation. The State of Design, which in this context is the country where the aircraft type was designed, is responsible for the continuing airworthiness of that aircraft type. It must provide necessary information to the State of Registry to ensure the continuing airworthiness of the aircraft. The State of Registry, which in this case is Australia, has the responsibility to develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. CASA, acting on behalf of the State of Registry, is tasked with issuing ADs to maintain airworthiness and has done so by issuing and subsequently cancelling AD/BELL 47/94 concerning the Bell 47 model aircraft.
The Act and the Regulations establish consequences for non-compliance with ADs. While the specific offences and penalties are not detailed in this text, it is understood that failure to comply with an AD can lead to significant civil or criminal consequences. The severity of these consequences would depend on the nature of the non-compliance and the impact it has on the safety of air navigation. The cancellation of AD/BELL 47/94 without the need for consultation with the public or the preparation of a Regulatory Impact Statement underscores the regulatory body's adherence to international obligations under the Convention on International Civil Aviation. The AD was made by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act, ensuring that the process followed due legal and regulatory protocols.