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 has issued AD TCD-7532-2009 affecting Kawasaki BK117 model helicopters. Japan is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/JBK 117/34, which will become effective on
19 November 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 Manager Initial Airworthiness in the Airworthiness and 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 for the regulation of civil aviation and to ensure the safety of air navigation in Australia. It empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments under the Acts Interpretation Act 1901 and are essential for ensuring the continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), acting as Australia’s national airworthiness authority, is responsible for assessing foreign ADs issued by States of Design, such as the Japanese JCAB, and issuing corresponding Australian ADs when necessary. For example, following the issuance of AD TCD-7532-2009 by Japan concerning Kawasaki BK117 model helicopters, CASA issued Australian AD/JBK 117/34, which will become effective on 19 November 2009. This process ensures compliance with international obligations and domestic safety standards, although no public consultation is required as it pertains to international civil aviation agreements.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) under Australian law, specifically in the interest of 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 these directives for particular types of aircraft or aeronautical products, establishing them as legislative instruments under the Legislative Instruments Act 2003. The ADs serve as a mechanism for ensuring the continuing airworthiness of aircraft, aligning with international standards set out in Annex 8 to the Convention on International Civil Aviation. Under this framework, the State of Design bears responsibility for the ongoing airworthiness of an aircraft type, while the State of Registry must implement requirements to maintain airworthiness. In the case of foreign ADs, such as the one issued by Japan's JCAB affecting Kawasaki BK117 model helicopters, CASA evaluates and, if necessary, issues corresponding Australian ADs to mandate the required safety measures. This process reflects Australia's commitment to international aviation safety standards and obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, grants the authority to issue airworthiness directives (ADs) under section 98 and regulation 39.001 respectively. These directives are legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. ADs are a critical tool for maintaining the safety and airworthiness of aircraft, and are issued by various states in accordance with Annex 8 to the Convention on International Civil Aviation. In the context of Australia, the Civil Aviation Safety Authority (CASA) is mandated to issue Australian ADs when the State of Design issues an AD for aircraft registered in Australia.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA include the assessment of ADs issued by the State of Design, and the subsequent issuance of Australian ADs if necessary. This ensures that Australian-registered aircraft meet international safety standards. CASA, as the national airworthiness authority, must ensure that the continuing airworthiness of aircraft is maintained in line with the requirements set forth by the State of Registry and the State of Design. This involves a rigorous evaluation process to determine the applicability and necessity of issuing an AD in the Australian context.
Failure to comply with the requirements of an airworthiness directive can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, leading to potential civil or criminal penalties. The exact nature of these penalties can vary but may include fines or imprisonment, depending on the severity of the breach and the discretion of the court. The enforcement of ADs is a critical aspect of maintaining the safety of air navigation, and CASA has the authority to take action against non-compliant operators.
In the specific case of the Kawasaki BK117 model helicopters, CASA issued Australian AD/JBK 117/34 following the issuance of AD TCD-7532-2009 by the Japanese Civil Aviation Bureau (JCAB). This AD became effective on 19 November 2009. Given that this directive was issued in response to international obligations and without the need for public consultation, the process by which it was enacted adheres strictly to the legislative framework provided by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The Manager Initial Airworthiness in the Airworthiness and Engineering Branch at CASA issued this AD in accordance with the provisions of the Act.