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.
CASA issued AD/BO 105/12 affecting Eurocopter BO 105 series helicopters in 1988. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 24 September 2009. No replacement AD is required, as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Initial Airworthiness, Airworthiness and Engineering Branch, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive regulatory frameworks to govern air navigation and aircraft safety. As part of its regulatory powers, the Governor-General, under section 98 of the Act, may make regulations in the interests of air navigation safety. The Civil Aviation Safety Regulations 1998, made under this authority, include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to mandate safety requirements for specific types of aircraft or aeronautical products. In line with international standards, the State of Design is responsible for the continuing airworthiness of an aircraft type, and CASA, as the State of Registry, must assess and implement relevant ADs to ensure compliance with safety standards. The AD cancellation in question, AD/BO 105/12 for Eurocopter BO 105 series helicopters, was conducted by CASA after determining that the unsafe condition no longer existed, thereby reducing the regulatory burden without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) within Australia. Under this framework, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products to ensure air navigation safety. Such ADs are legally binding instruments and must comply with the legislative process outlined in the Legislative Instruments Act 2003. The authority to issue ADs is exercised under regulation 39.001 of the Civil Aviation Safety Regulations 1998, and any AD issued is considered a disallowable instrument as per section 46A of the Acts Interpretation Act 1901. The ADs are typically issued by the State of Design for a particular aircraft type and must be assessed and adopted by the State of Registry, in this case, CASA, to ensure compliance with Australian standards. While ADs are crucial for maintaining airworthiness, the cancellation of an AD, such as AD/BO 105/12 for Eurocopter BO 105 series helicopters, does not require public consultation if it results in a reduction of the regulatory burden, as determined by the Office of Best Practice Regulation. This legislative process ensures that any changes to ADs are made efficiently while maintaining safety standards in civil aviation.
Key Provisions
The Civil Aviation Act 1988, particularly in relation to section 98, empowers the Governor-General to create regulations intended to ensure the safety of air navigation. In this context, the Civil Aviation Safety Regulations 1998 play a critical role through regulation 39.001, which grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby qualifying them as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Safety Regulations 1998 include ensuring that the State of Design, which has the primary responsibility for the continuing airworthiness of an aircraft type, provides all necessary information to the States of Registry. This aligns with Annex 8 to the Convention on International Civil Aviation. The State of Registry must then implement or adopt requirements to maintain the airworthiness of individual aircraft. For example, when a State of Design issues an AD against a type of aircraft registered in Australia, CASA is obligated to review this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The AD/BO 105/12 issued by CASA in 1988, which pertains to Eurocopter BO 105 series helicopters, has been reviewed and subsequently cancelled by CASA. This cancellation, effective from 24 September 2009, is due to the original unsafe condition no longer existing, thus making a replacement AD unnecessary. Given that this cancellation results in a reduction of the regulatory burden, no consultation with the Australian public was deemed necessary. Moreover, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. This AD was made by the Manager, Initial Airworthiness, within the Airworthiness and Engineering Branch, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The cancellation of an AD, as in the case of AD/BO 105/12, signifies that the aircraft in question no longer requires the specific safety measures previously mandated. This legislative action, while reducing the regulatory burden, still adheres to the stringent safety standards set by international and national regulations. Any failure to comply with these ADs or their cancellation can lead to significant consequences, including potential safety risks and legal ramifications under the Civil Aviation Act 1988. Penalties for non-compliance could vary, but they typically include substantial fines or other enforcement actions to ensure adherence to air safety standards.