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 has issued AD TCD-7302-2008 affecting Kawasaki Heavy Industries BK-117 C-2 helicopters. Japan is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/JBK 117/29, which will become effective on 25 September 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 Regulatory Review 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia. This Act provides the legal framework for the regulation of civil aviation and includes provisions for the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The objective of these ADs is to mandate safety standards and practices in the interests of air navigation safety. The Civil Aviation Safety Authority (CASA) has the authority to issue these directives following assessments of international ADs, as mandated by international agreements such as Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments under the Legislative Instruments Act 2003, and in the case of AD/JBK 117/29 issued by CASA in response to a Japanese AD for Kawasaki Heavy Industries BK-117 C-2 helicopters, the issuing process adheres to the regulatory requirements without the need for public consultation or a Regulatory Impact Statement. This AD, issued by CASA on behalf of the Governor-General, aims to maintain the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) in the interests of air navigation safety. Specifically, under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is authorised to issue ADs for specific types of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued in accordance with international standards, particularly Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, is responsible for ensuring the continuing airworthiness of aircraft registered in Australia, and must assess and implement ADs issued by the State of Design when these affect aircraft on the Australian register. The issuance of ADs, such as AD/JBK 117/29 for Kawasaki Heavy Industries BK-117 C-2 helicopters, does not require public consultation or a Regulatory Impact Statement as they are driven by international obligations and assessments of safety requirements. The ADs are issued by authorised personnel within CASA, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to make regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers 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 considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and thus are legislative instruments as per section 6 of the Legislative Instruments Act 2003. This legislative framework ensures that ADs, which are pivotal for maintaining the continuing airworthiness of aircraft types, are effectively communicated and implemented.
These airworthiness directives are essential as they mandate actions to address safety issues or discrepancies in aircraft or aeronautical products. The State of Design, which is responsible for the type design, must provide necessary information to ensure the continuing airworthiness of a type to the State of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft within its jurisdiction. Therefore, when the State of Design issues an AD, it is crucial for the State of Registry to assess and, if necessary, implement corresponding directives to maintain safety standards. For Australia, CASA plays the role of the national airworthiness authority, responsible for evaluating and issuing ADs in response to those from the State of Design.
Under the obligations set forth in the Convention on International Civil Aviation, specifically Annex 8, Australia, through CASA, must respond to ADs issued by the State of Design. For instance, the Japan Civil Aviation Bureau issued AD TCD-7302-2008 concerning Kawasaki Heavy Industries BK-117 C-2 helicopters. Given that Japan is the State of Design for these helicopters, CASA evaluated the AD and issued Australian AD/JBK 117/29, which will take effect on 25 September 2008. This process highlights Australia's commitment to international standards and cooperation in aviation safety.
Failure to comply with airworthiness directives can result in significant consequences. While specific penalties for non-compliance are not detailed in this text, the overarching framework of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 implies that breaches could lead to enforcement actions, fines, or other regulatory penalties. CASA’s authority to issue these directives underscores the seriousness with which these safety requirements are treated, ensuring that all aircraft remain airworthy and compliant with international and national standards.