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 German aviation authority (LBA) issued AD 90-212/2, affecting BK 117 helicopters, in 1990. Germany is the State of Design for this helicopter type. CASA has reviewed the equivalent Australian AD to ensure it matches 90-212/2, and as a result has decided to amend it. The amended AD, AD/GBK 117/5 Amendment 1, will become effective on 27 August 2009. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Future Technology and Regulatory Trends, 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 establish a comprehensive framework for civil aviation in Australia, focusing primarily on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations that serve the interests of aviation safety, including the issuance of airworthiness directives (ADs) as detailed in the Civil Aviation Safety Regulations 1998. These regulations provide the Civil Aviation Safety Authority (CASA) with the authority to issue ADs for specific types of aircraft or aeronautical products, ensuring that they meet the necessary safety standards. As an instrument of regulation, ADs play a critical role in maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. CASA, acting as Australia’s national airworthiness authority, is tasked with assessing and implementing ADs issued by the State of Design, ensuring compliance and safety within Australia’s aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments and are designed to ensure the continuing airworthiness of aircraft registered in Australia. The ADs are aligned with the requirements of Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. When the State of Design issues an AD, such as the German aviation authority's AD 90-212/2 concerning BK 117 helicopters, CASA evaluates and, if necessary, issues a corresponding Australian AD to enforce the requirements domestically. This process ensures compliance with international standards and obligations. Given the nature of ADs and their basis in international conventions, CASA does not consult the Australian public on these directives, and the Office of Regulatory Review has determined that they do not require a Regulatory Impact Statement. The ADs are issued by CASA under the authority of the Act, ensuring that all regulatory actions are in line with national and international safety standards.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to enact regulations that promote air navigation safety. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are thus considered legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these ADs centre around ensuring the continuing airworthiness of aircraft. According to Annex 8 of the Convention on International Civil Aviation, the State of Design holds primary responsibility for the airworthiness of an aircraft type and must furnish all necessary information to the States of Registry to maintain the aircraft's airworthiness. The State of Registry, which in the case of Australia is CASA, must then adopt or develop requirements to ensure that individual aircraft remain airworthy. When a State of Design, such as Germany in the case of the BK 117 helicopter, issues an AD, CASA must review the directive and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements stipulated by the State of Design.
Failure to comply with the requirements of an airworthiness directive can lead to significant legal consequences. Under the Civil Aviation Act 1988, there are various offences and penalties associated with non-compliance with ADs. These can include substantial fines and, in more severe cases, imprisonment. The specific penalties are determined by the severity of the offence and the circumstances surrounding the breach. It is crucial for operators and owners of affected aircraft to adhere strictly to the mandated requirements to avoid these consequences.
The legislative process for issuing an AD, such as AD/GBK 117/5 Amendment 1, involves CASA evaluating the information provided by the State of Design, in this case Germany, and deciding whether to issue a corresponding Australian AD. The Manager, Future Technology and Regulatory Trends, within CASA's Standards Development and Future Technology Division, makes the AD under subsection 84A(2) of the Act. Since this AD is a response to international obligations and directives from the State of Design, there is no requirement for public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. This streamlined process ensures that airworthiness directives are issued promptly to maintain safety standards without unnecessary delays.