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 JCAB issued AD TCD-7494-1-2009 affecting Kawasaki BK 117-C2 helicopters. Japan is the State of Design for these helicopters. CASA has amended the equivalent Australian AD. The amended AD, AD/JBK 117/32 Amendment 1, will become effective on 27 August 2009. 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, Future Technology and Regulatory Trends in the Standards Development and Future Technology Division, 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, provides the legislative framework within which the Civil Aviation Safety Regulations 1998 operate. The Act empowers the Governor-General to make regulations for the purposes of the Act, particularly in the interest of the safety of air navigation. One such regulation, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, which are subsequently regarded as legislative instruments under the Legislative Instruments Act 2003. These ADs are integral to maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The ADs issued by CASA are often in response to directives issued by the State of Design, ensuring compliance with international standards and obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve to mandate requirements for ensuring the continuing airworthiness of aircraft registered in Australia. The authority to issue such directives is rooted in international obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design with overall responsibility for continuing airworthiness, while the State of Registry must implement the necessary requirements to maintain airworthiness. CASA, as Australia’s national airworthiness authority, is tasked with assessing information from the State of Design and issuing corresponding ADs as needed. For instance, in response to an airworthiness directive issued by the Japanese Civil Aviation Bureau (JCAB) for Kawasaki BK 117-C2 helicopters, CASA has amended the equivalent Australian AD to mandate the requirements specified by Japan. This particular AD, AD/JBK 117/32 Amendment 1, supersedes the previous version and will become effective on 27 August 2009. Given that the AD is a legislative instrument and is issued in response to international obligations, no public consultation or Regulatory Impact Statement is required.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. This authority is exercised under section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the Act’s purposes and for the safety of air navigation. It is important to note that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and thus are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. These directives are instrumental in ensuring the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the ADs require CASA to assess the information provided by the State of Design and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. For instance, when the Japanese Civil Aviation Bureau (JCAB) issued AD TCD-7494-1-2009 for Kawasaki BK 117-C2 helicopters, CASA amended the equivalent Australian AD, resulting in AD/JBK 117/32 Amendment 1, which replaced the previous issue. This action highlights CASA’s responsibility as Australia’s national airworthiness authority, ensuring that Australian registered aircraft meet international safety standards.
Given the international nature of these directives and the reliance on the State of Design’s information, the Civil Aviation Safety Regulations do not require public consultation for ADs. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The Manager, Future Technology and Regulatory Trends in CASA’s Standards Development and Future Technology Division, makes these ADs on behalf of CASA, as per subsection 84A(2) of the Act, ensuring the ADs are both timely and relevant to safety imperatives.
In terms of consequences, breaches of ADs can lead to serious civil and criminal penalties. While the Civil Aviation Safety Regulations 1998 do not explicitly detail these penalties within the context of ADs, non-compliance with CASA directives can result in enforcement actions under the Civil Aviation Act 1988. These actions may include fines, suspension or revocation of airworthiness certificates, and even imprisonment in severe cases. The exact penalties will depend on the nature and severity of the breach, but they underscore the critical importance of adhering to ADs to maintain aviation safety standards.