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-4114A-1-2008 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 117/6, Amendment 6, which will become effective on 18 December 2008. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes& 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, enacted by the Commonwealth Parliament, was introduced to regulate civil aviation in Australia, ensuring the safety of air navigation. It grants the Governor-General the authority to make regulations under section 98, which was exercised in creating the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, as outlined in regulation 39.001. The ADs serve as legislative instruments under the Legislative Instruments Act 2003 and the Acts Interpretation Act 1901. The Civil Aviation Act 1988 thus facilitates the implementation of international standards for airworthiness, as mandated by the Convention on International Civil Aviation, through the issuance of ADs by CASA to maintain the safety and airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, as part of the Civil Aviation Act 1988, provide the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that are subject to disallowance and must be assessed and potentially issued by CASA in response to directives from the State of Design, in this case Japan for the Kawasaki BK117 model helicopters. The ADs serve to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international obligations under the Convention on International Civil Aviation. These regulations apply to aircraft registered in Australia and are designed to ensure safety and compliance with international standards. Notably, the process of issuing such directives does not require public consultation as it is a direct response to international obligations and pre-existing directives from the aircraft's State of Design. The ADs are issued by CASA in accordance with the specific provisions of the Civil Aviation Act, ensuring that Australian aviation maintains its high safety standards in alignment with global practices.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide a framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the Act's purposes and the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
Under these provisions, the State of Design, which is responsible for the type of aircraft, must provide information necessary to ensure the aircraft's continuing airworthiness to the appropriate State of Registry. The State of Registry, in this case CASA, has the responsibility of assessing this information and, if appropriate, issuing an Australian AD to mandate the requirements of the State of Design. This process ensures that Australian registered aircraft meet the necessary safety standards set by the international community, as per Annex 8 to the Convention on International Civil Aviation.
In this particular instance, Japan Civil Aviation Bureau (JCAB) has issued AD TCD-4114A-1-2008 affecting Kawasaki BK117 model helicopters, which is the State of Design for this type. CASA has assessed this AD and issued Australian AD/JBK 117/6, Amendment 6, effective from 18 December 2008, which cancels and replaces the previous issue. As this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and is in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Failure to comply with the ADs can result in various civil and criminal consequences. CASA can take enforcement action against the non-compliance, which may include fines, suspension or revocation of aircraft certificates, or even prosecution for more serious breaches. The maximum penalties for offences under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can vary depending on the severity of the offence, and may include substantial fines and imprisonment for individuals and corporate entities. Therefore, it is crucial for all parties governed by these regulations to adhere to the ADs to ensure the safety of air navigation in Australia.