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 CAB has issued AD TCD-7175-2008 affecting Kawasaki Heavy Industries BK117 C-2 model helicopters. Japan is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/JBK 117/28, which will become effective on 13 March 2008.
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, Systems and New Technologies 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 framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This legislation allows the Governor-General to make regulations for the purposes of the Act, which includes the safety of air navigation. The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This regulatory mechanism is essential for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation, which places the responsibility for such maintenance with the State of Design and State of Registry. In response to the Japanese Civil Aviation Bureau’s issuance of AD TCD-7175-2008 concerning Kawasaki Heavy Industries BK117 C-2 model helicopters, CASA issued Australian AD/JBK 117/28. This action aligns with Australia’s obligations under international civil aviation conventions and was taken without public consultation, as determined by the Office of Best Practice Regulation, which concluded that ADs do not require a Regulatory Impact Statement.
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 to ensure the safety of air navigation as per the Civil Aviation Act 1988. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The authority to issue ADs stems from Australia's obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for the continuing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, is mandated to issue Australian ADs when necessary to ensure compliance with international standards. For instance, in response to an AD issued by the Japanese Civil Aviation Bureau (JCAB) concerning Kawasaki Heavy Industries BK117 C-2 model helicopters, CASA issued Australian AD/JBK 117/28, effective from 13 March 2008. This process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The issuance of such directives is a critical function of CASA, ensuring that all aircraft registered in Australia meet the required safety standards as set forth by international agreements and national regulations.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance and enforcement of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations aimed at ensuring 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. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument, thereby classifying it as a legislative instrument under section 6 of the Legislative Instruments Act 2003. This legal classification underscores the regulatory authority and the necessity for compliance with such directives.
In fulfilling its obligations under Annex 8 of the Convention on International Civil Aviation, CASA must ensure that aircraft maintain their airworthiness. The State of Design, which in this case is Japan for the Kawasaki Heavy Industries BK117 C-2 model helicopters, is responsible for the continuing airworthiness of the aircraft type and must provide necessary information to States of Registry. As the State of Registry for Australia, CASA is required to assess the information provided by the State of Design and, if necessary, issue a corresponding Australian AD to enforce the requirements mandated by the State of Design. This process ensures that Australian aircraft comply with international safety standards.
Compliance with ADs is mandatory for all parties involved. Aircraft operators must adhere to the specific requirements outlined in the ADs to maintain the airworthiness of their aircraft. This includes conducting necessary inspections, repairs, or modifications as specified in the directive. Failure to comply with these requirements can lead to serious consequences, including the potential grounding of the aircraft, which can affect both the operator and passengers. CASA has the authority to enforce compliance through inspections and other regulatory measures.
Violations of ADs can result in significant legal and financial penalties. The Civil Aviation Safety Regulations 1998 outline the potential consequences for non-compliance. Civil penalties may include fines up to a specified amount, and in more severe cases, criminal charges can be brought against individuals or corporations. The maximum penalties can vary depending on the nature and severity of the breach, but they are designed to enforce strict adherence to safety regulations. Compliance with ADs is not optional; it is a legal requirement to ensure the safety and airworthiness of aircraft in Australian airspace.