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 JCAB issued AD TCD-7479-2009, affecting Kawasaki BK117, BK117A-3, BK117A-4, BK117B-1, BK117B-2 and BK117C-1 model helicopters, in 2009. JCAB is the State of Design for these types. CASA has issued an equivalent Australian AD to mandate JCAB AD No. TCD-7479-2009. The equivalent Australian AD, AD/JBK 117/35, will become effective on 9 December 2010.
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, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia, addressing gaps in the governance and safety oversight of civil aviation activities. The Act empowers the Governor-General to make regulations to ensure the safety of air navigation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998, under regulation 39.001, authorise CASA to issue such directives for specific kinds of aircraft or aeronautical products. This legislative framework aims to harmonise Australian aviation safety standards with international obligations under the Convention on International Civil Aviation, ensuring that aircraft registered in Australia meet the necessary safety requirements. CASA, as the national airworthiness authority, is tasked with assessing and, if necessary, issuing Australian airworthiness directives in response to directives issued by the aircraft's State of Design.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of 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. This regulatory framework ensures that the safety of air navigation is maintained and aligns with Australia's commitments under the Convention on International Civil Aviation, particularly those related to the continuing airworthiness of aircraft. The ADs serve as legislative instruments under the Acts Interpretation Act 1901 and are integral to the coordination between the State of Design and the State of Registry. In the context of the Kawasaki BK117 series helicopters, the Japan Civil Aviation Bureau (JCAB) issued an AD in 2009, prompting CASA to issue a corresponding Australian AD, AD/JBK 117/35, effective from 9 December 2010. Given the international obligations and the specific nature of ADs, no public consultation or regulatory impact assessment was required for this directive. This AD applies directly to the entities responsible for the maintenance and operation of the affected helicopter models registered in Australia.
Key Provisions
The primary sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 relevant to the issuance of airworthiness directives (ADs) include section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Additionally, subregulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus constitutes a legislative instrument under section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA, as Australia's national airworthiness authority, is obligated to assess any airworthiness information issued by the State of Design, and, if necessary, issue an equivalent Australian AD to ensure compliance with international safety standards. The State of Design, in this case the Japan Civil Aviation Bureau (JCAB), has issued AD TCD-7479-2009 for certain Kawasaki BK117 model helicopters, and CASA has issued the corresponding Australian AD/JBK 117/35, which will be effective from 9 December 2010. The issuing of these directives is governed by the continuing airworthiness responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as having overall responsibility for the continuing airworthiness of an aircraft type.
The obligations imposed on parties governed by these regulations include adherence to the requirements set forth in the ADs. For instance, operators of the affected Kawasaki BK117 helicopters must comply with the specific maintenance, repair, or operational requirements outlined in the AD. This involves conducting the necessary inspections, modifications, or replacements as mandated by the AD to ensure the continuing airworthiness of the aircraft. Failure to comply with an AD can result in severe consequences, as non-compliance is not only a breach of civil aviation regulations but also potentially a criminal offence.
Breaches of airworthiness directives can lead to serious civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, but the potential for significant fines and imprisonment underscores the importance of adhering to these regulations. The Act empowers CASA to enforce compliance through various means, including audits, inspections, and legal action against non-compliant operators or individuals.