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 47/96 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 by the Commonwealth Parliament, was introduced to establish a comprehensive legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act provides the authority for the Civil Aviation Safety Authority (CASA) to implement regulations that support its mission, including the issuance of airworthiness directives as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These airworthiness directives are legislative instruments that contribute to maintaining the safety standards for aircraft and aeronautical products. The policy objective of the Act is to uphold high safety standards in civil aviation, aligning with Australia's commitments under international agreements such as the Convention on International Civil Aviation. In accordance with these international obligations, CASA has the authority to issue, modify, or cancel airworthiness directives as necessary to ensure compliance and safety in the aviation sector.
Scope and Application
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, aimed at ensuring the safety of air navigation and the continuing airworthiness of aircraft. Under the authority of the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulatory power extends to mandating necessary actions to maintain airworthiness, ensuring compliance with both national and international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The ADs serve as a legislative instrument, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are subject to the provisions of the Legislative Instruments Act 2003. The ADs are integral to the responsibility of the State of Design and the State of Registry to ensure that aircraft remain airworthy throughout their operational life. In this context, the AD/BELL 47/96 concerning Bell 47 model aircraft, issued by CASA, has been cancelled in alignment with Australia's international obligations, thereby negating the need for public consultation or a Regulatory Impact Statement. The cancellation of this directive reflects CASA's commitment to international standards and is a procedural measure to maintain the safety and airworthiness of aircraft in Australia.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly section 98 and regulation 39.001, allow the Governor-General and the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. Under these provisions, CASA is authorised to issue ADs for specific types of aircraft or aeronautical products to maintain their airworthiness. Regulation 39.001(5) clarifies that these directives are legislative instruments, and they fall under the category of disallowable instruments as defined by the Acts Interpretation Act 1901.
The obligations imposed by these regulations require CASA to issue ADs when necessary to ensure the continuing airworthiness of aircraft. The State of Design, which is responsible for the design of the aircraft, must provide all necessary information to the States of Registry to facilitate compliance with airworthiness standards. The State of Registry, in turn, must develop or adopt requirements to ensure that aircraft under its jurisdiction remain airworthy. In practice, this means that CASA, as the State of Registry for Australian aircraft, must issue ADs when required to address any safety concerns that could affect the operation of the aircraft.
Breaching the requirements set out in the ADs can have serious consequences. Although the specific offences and penalties are not detailed in the given text, non-compliance with ADs can typically result in severe penalties under civil aviation laws. Such penalties may include fines, suspension or revocation of aircraft operating certificates, and potential criminal charges in cases of gross negligence or willful disregard for safety regulations. The exact penalties can vary depending on the severity of the breach and the specific circumstances of the case.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower CASA to issue ADs to maintain the safety of air navigation. These directives are crucial for ensuring that aircraft remain airworthy, and they impose specific obligations on CASA and the States of Registry. Non-compliance with these regulations can result in significant civil and potentially criminal penalties.