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 105/7 Amendment 1, affecting Eurocopter BO105 series helicopters in 1995. 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 Airworthines, 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 provide a framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the industry. This Act empowers the Governor-General to make regulations that contribute to the safety of air navigation, thereby addressing the need for a comprehensive legal structure to manage the complex and multifaceted domain of civil aviation. The Civil Aviation Safety Regulations 1998, which fall under the purview of this Act, further detail the implementation of safety measures, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain the safety and airworthiness of aircraft. These regulations are essential in fulfilling the policy objective of maintaining high safety standards in the Australian civil aviation sector.
The issuance and subsequent cancellation of ADs are crucial mechanisms in managing the continuing airworthiness of aircraft. CASA, as the national airworthiness authority, has the responsibility to assess and, if necessary, issue ADs based on directives from the State of Design. The cancellation of an AD, such as the one for the Eurocopter BO105 series helicopters, indicates that the previously identified unsafe condition no longer exists, thus reducing the regulatory burden without necessitating a replacement AD. This process is conducted in accordance with the legislative framework established by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, ensuring that safety measures are both timely and appropriate.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is empowered to issue ADs for specific types of aircraft or aeronautical products, ensuring the continuing airworthiness of these aircraft in accordance with safety standards. These ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are mandated by the continuing airworthiness responsibilities of the State of Design and the State of Registry under Annex 8 to the Convention on International Civil Aviation. CASA's role includes assessing information from the State of Design and issuing Australian ADs to enforce the required safety measures for aircraft registered in Australia. The application of these regulations is national in scope, extending to all aircraft and aeronautical products within Australia's jurisdiction, and involves various stakeholders including aircraft manufacturers, operators, and maintenance organisations. The specific AD/BO 105/7 Amendment 1, issued in 1995 for Eurocopter BO105 series helicopters, has been reviewed and cancelled by CASA, effective from 24 September 2009, as the original safety concerns no longer exist, reducing the regulatory burden without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance and enforcement of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901.
Under these provisions, CASA is tasked with ensuring the continuing airworthiness of aircraft registered in Australia. This responsibility aligns with international standards set out in Annex 8 to the Convention on International Civil Aviation, which places the burden on the State of Design to provide necessary information to ensure the airworthiness of aircraft types. The State of Registry, in this case CASA, must then develop or adopt requirements to maintain the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
CASA recently issued AD/BO 105/7 Amendment 1 for Eurocopter BO105 series helicopters in 1995. After review, CASA decided to cancel this directive, effective from 24 September 2009. This cancellation reflects the resolution of the original unsafe condition that prompted the AD, and no replacement AD is necessary. Because this cancellation reduces the regulatory burden, no public consultation was required. Additionally, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement.
The AD was made by the Manager, Initial Airworthiness, within the Airworthiness and Engineering Branch of CASA’s Standards Development and Future Technology Division, in accordance with subsection 84A(2) of the Act. CASA’s actions are in line with the legislative mandate to ensure the safety and airworthiness of aircraft in Australia. While ADs are essential tools for maintaining safety standards, their issuance and cancellation must adhere to the regulatory framework established by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.