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 Japanese Authority, JCAB, has issued AD TCD-4605B-2006 affecting Kawasaki BK-117 model helicopters. Japan is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/JBK 117/10, Amendment 3, which will become effective on 28 March 2006. 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, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to ensure the safety and efficiency of civil aviation in Australia, addresses the need for comprehensive regulation of air navigation and aircraft airworthiness. Under the authority granted by section 98 of the Act, the Governor-General can enact regulations that align with the interests of aviation safety. The Civil Aviation Safety Regulations 1998 further detail the mechanisms through which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, which are considered legislative instruments under the Legislative Instruments Act 2003, are essential tools for maintaining the continuing airworthiness of aircraft as mandated by international standards set forth in the Convention on International Civil Aviation, particularly Annex 8. CASA's role as Australia's national airworthiness authority involves assessing ADs issued by the State of Design and, where necessary, issuing corresponding Australian ADs to enforce the required safety measures within the Australian Register.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are integral to maintaining the continuing airworthiness of aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Design, which in this case is Japan for Kawasaki BK-117 model helicopters, holds the primary responsibility for issuing such directives, and CASA, as Australia’s national airworthiness authority, is obligated to assess and, if necessary, issue corresponding Australian ADs to comply with international obligations. The ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and are made by CASA under section 84A(2) of the Civil Aviation Act 1988 without public consultation or a Regulatory Impact Statement. This legislative framework ensures that the safety standards set by the State of Design are effectively communicated and enforced within Australia, thereby upholding the international commitment to air safety.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations intended to enhance the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. Such ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
These airworthiness directives are critical for maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which in this case is Japan for the Kawasaki BK-117 model helicopters, holds the overarching responsibility for the continuing airworthiness of an aircraft type and must supply necessary information to the State of Registry, which in this context is Australia. CASA, acting as Australia's national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design. This ensures that the aircraft operating in Australia meet the safety standards set forth by the relevant authorities.
Under the Civil Aviation Safety Regulations 1998, CASA is mandated to issue an Australian AD when the State of Design issues an AD that affects aircraft registered in Australia. This was the case with AD TCD-4605B-2006 issued by the Japanese Civil Aviation Bureau (JCAB) concerning Kawasaki BK-117 model helicopters. CASA has assessed this AD and subsequently issued Australian AD/JBK 117/10, Amendment 3, which will take effect on 28 March 2006. This new AD supersedes the previous version, ensuring that all relevant safety requirements are up-to-date and enforced.
Given that this AD is issued due to Australia's international obligations under the Convention on International Civil Aviation and in response to an AD raised by the State of Design, there has been no requirement for public consultation on this AD. The Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement. The AD was created by the Manager, Airframes, within the Manufacturing, Certification and New Technologies Office on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Breaches of these airworthiness directives can lead to significant civil and criminal consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD commits an offence and may be liable for penalties. The maximum penalty for an individual is generally outlined in the regulations and can include fines and imprisonment, depending on the severity of the breach. Non-compliance with airworthiness directives is taken seriously, as it directly impacts the safety of air navigation and the lives of those on board the affected aircraft.