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 Japan Civil Aviation Bureau (JCAB) has issued AD TCD-7195-2007 affecting Kawasaki BK117 helicopters. Japan is the State of Design for Kawasaki BK 117 helicopters. CASA has assessed this AD and has issued Australian AD/JBK 117/26 which will become effective on 18 December 2007.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under this Act, the Governor-General is empowered to make regulations in the interests of air navigation safety, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain the continuing airworthiness of aircraft. These ADs are legislative instruments that align with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design is responsible for the continuing airworthiness of aircraft types. In accordance with these international obligations, CASA issues Australian ADs in response to directives from the relevant State of Design, such as the Japan Civil Aviation Bureau’s AD TCD-7195-2007 for Kawasaki BK117 helicopters, which CASA has implemented as Australian AD/JBK 117/26 effective from 18 December 2007. This process underscores Australia’s commitment to international civil aviation safety standards, while also reflecting CASA’s role in enforcing these standards domestically.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, establishes the framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products, thereby mandating compliance with safety standards. These ADs are considered legislative instruments as per the Legislative Instruments Act 2003 and can be disallowed under the Acts Interpretation Act 1901. The geographic and jurisdictional scope of these regulations extends to all aircraft registered in Australia, aligning with international obligations under the Convention on International Civil Aviation, particularly Annex 8, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. For instance, in the case of the Kawasaki BK117 helicopters, the Japan Civil Aviation Bureau issued AD TCD-7195-2007, leading CASA to issue its own Australian AD/JBK 117/26. Given the international nature and specific technical requirements of such directives, no public consultation is mandated, and they do not require a Regulatory Impact Statement. The ADs are issued by authorised personnel within CASA, ensuring compliance with the legislative framework.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 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 intended to ensure the safety of air navigation as required by section 98 of the Civil Aviation Act 1988. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, consequently, legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations placed on parties by the Civil Aviation Act 1988 and the associated regulations are significant. The State of Design, which in this case is Japan for Kawasaki BK 117 helicopters, is tasked with ensuring the continuing airworthiness of aircraft types and must provide necessary information to States of Registry. Australia, as a State of Registry, is required to develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory. When a State of Design issues an AD, CASA must assess the information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design. This process ensures that Australian-registered aircraft comply with international safety standards.
Failure to comply with airworthiness directives can lead to serious consequences. Under the Civil Aviation Act 1988, there are both civil and criminal penalties for non-compliance with ADs. Civil penalties may include fines and other sanctions, while criminal penalties can result in imprisonment. The exact penalties are not specified in the provided text, but they are intended to enforce adherence to the safety requirements mandated by the ADs. Non-compliance with these directives can also result in the grounding of affected aircraft, further emphasising the importance of adhering to the regulatory requirements.
The issuing of ADs, such as the AD/JBK 117/26 for Kawasaki BK 117 helicopters, is a direct response to international obligations under the Convention on International Civil Aviation. As such, there is no requirement for public consultation on these ADs. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement, streamlining the process for issuing critical safety directives. The AD in question was made by the Manager, New Technologies and Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act, ensuring that the directive is issued with proper authority and oversight.