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 Civil Aviation Safety Authority or its predecessors issued AD/BO 105/11 Amendment 1 affecting Eurocopter BO 105 series helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/BO 105/11 Amendment 1. The cancellation will become effective on 30 July 2009. No replacement AD is required, as the unsafe condition no longer exists.
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 Parliament of Australia, addresses the regulation and safety of civil aviation within the country. It empowers the Governor-General to create regulations that ensure the safety of air navigation. Complementing this Act, the Civil Aviation Safety Regulations 1998 provide mechanisms for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft, as mandated by the Convention on International Civil Aviation. The ADs are a common tool among ICAO Contracting States, ensuring that the States of Design and Registry uphold safety standards. CASA, as Australia’s national airworthiness authority, plays a pivotal role in assessing foreign ADs and issuing corresponding Australian ADs when necessary. In the case of AD/BO 105/11 Amendment 1 concerning Eurocopter BO 105 series helicopters, CASA has determined that the unsafe condition addressed by the AD no longer exists, leading to the cancellation of the directive effective from 30 July 2009.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These regulations apply to all types of aircraft and aeronautical products registered in Australia, mandating that both the State of Design and the State of Registry uphold the continuing airworthiness of these aircraft. CASA, as Australia’s national airworthiness authority, is responsible for evaluating ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to enforce these safety requirements. The scope of these directives is international, aligning with the provisions of Annex 8 to the Convention on International Civil Aviation. In a specific instance, CASA issued and subsequently cancelled AD/BO 105/11 Amendment 1 for Eurocopter BO 105 series helicopters, effective from 30 July 2009, due to the resolution of the unsafe condition identified in the initial directive. The process of issuing and cancelling such directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to make regulations under section 98, aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. Under subregulation 39.001(5), an AD is considered a disallowable instrument and thus a legislative instrument according to section 6 of the Legislative Instruments Act 2003. These directives are crucial in maintaining the continuing airworthiness of aircraft as outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design bears the primary responsibility for ensuring that all necessary information is provided to the States of Registry to maintain airworthiness.
The obligations placed on the parties by these provisions include the State of Design’s responsibility to issue ADs for any identified unsafe conditions on aircraft types and provide necessary information to the States of Registry. The State of Registry, in this case CASA, must assess the information provided by the State of Design and issue corresponding ADs for aircraft registered in Australia, ensuring compliance with the continuing airworthiness requirements. These obligations ensure that all relevant authorities are informed and can take necessary actions to mitigate any safety risks identified by the ADs.
Violations of the ADs can lead to serious consequences, as they are integral to maintaining the safety standards set by the Civil Aviation Act 1988. Failure to comply with an AD can result in severe penalties, including fines and potential imprisonment. For example, under section 10 of the Civil Aviation Act 1988, any person who contravenes an AD can be fined up to 200 penalty units for individuals and 1,000 penalty units for bodies corporate, as well as imprisonment for up to two years for individuals. These penalties underscore the importance of adhering to the ADs to ensure the safety and compliance of aviation operations within Australia.