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.
Japan Civil Aviation Bureau (JCAB) issued TCD-7416-2009, affecting Kawasaki BK117 Series helicopters, in 2009. Japan is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/JBK 117/31, which will become effective on 12 March 2009.
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 acting Manager, Airframe & Structures 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 regulate civil aviation activities within Australia and to ensure the safety of air navigation. This Act empowers the Governor-General to create regulations that serve the interests of safety in air navigation, with the overarching goal of maintaining and enhancing the safety standards of civil aviation in Australia. The Civil Aviation Safety Regulations 1998, which are made under the authority of this Act, include provisions for the issuance of airworthiness directives (ADs) to ensure that aircraft and aeronautical products remain airworthy. The Civil Aviation (Safety) Regulations specify that an AD is a legislative instrument, and they mandate that CASA, as Australia's national airworthiness authority, must act on airworthiness information provided by the State of Design to ensure compliance with international standards. In this context, CASA issued AD/JBK 117/31 in response to TCD-7416-2009 issued by the Japan Civil Aviation Bureau, reflecting Australia's commitment to international civil aviation obligations and the necessity to enforce continuing airworthiness requirements domestically.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide the legislative framework for ensuring the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that mandate safety measures for aircraft registered in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO). The State of Design, in this case Japan, issues the initial AD, and CASA must assess and issue corresponding Australian ADs to ensure compliance with international obligations. Exemptions and thresholds are not specified in the provided text, but the issuance of ADs is typically governed by safety considerations and international agreements. The ADs extend their application to all relevant aircraft within Australia's jurisdiction, ensuring that safety standards are uniformly enforced across the nation.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, particularly 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 legislative instruments, as outlined in subregulation 39.001(5), which specifies that they are disallowable under section 46A of the Acts Interpretation Act 1901 and constitute legislative instruments according to the Legislative Instruments Act 2003. Such directives are critical for maintaining the continuing airworthiness of aircraft types, a responsibility primarily borne by the State of Design, while the State of Registry must ensure the airworthiness of individual aircraft. In this context, CASA, as Australia's national airworthiness authority, evaluates ADs issued by the State of Design and, if necessary, issues corresponding Australian ADs to enforce the requisite safety measures.
The obligations imposed by these regulations on the parties involved are significant. The State of Design must ensure that any necessary information is provided to the appropriate States of Registry to maintain the continuing airworthiness of an aircraft type, aligning with Annex 8 to the Convention on International Civil Aviation. The State of Registry, in turn, must develop or adopt the necessary requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, as the authority in Australia, must assess the information provided by the State of Design and issue corresponding ADs to mandate the required safety measures, ensuring compliance with international standards and obligations.
Failure to comply with the airworthiness directives can lead to serious legal and operational consequences. Under section 100(1) of the Civil Aviation Act 1988, non-compliance with an AD can result in civil penalties, including fines. Specifically, the maximum penalty for non-compliance can amount to up to 10,000 penalty units for a body corporate, and up to 1,000 penalty units for an individual. Furthermore, in more severe cases, breaches may lead to criminal penalties, including imprisonment. These stringent measures underscore the importance of adhering to the ADs issued by CASA to ensure the safety of air navigation and the continued airworthiness of aircraft operating within Australia.