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 US FAA have issued the ADs listed in Schedule 1 affecting Bell OH-58A (Bell 206A-1) series helicopters. The USA is the State of Design for this type. CASA has assessed the individual ADs and has issued Australian AD/OH-58/1, which will become effective on 28 August 2008. This AD requires compliance with all applicable FAA ADs listed in Schedule 1.
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 in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Schedule 1
FAA AD Number | Effective Date | Title |
2005-21-03 | 21 November 2005 | Tail Rotor Blade Root Doubler |
2003-13-14 | 12 August 2003 | Chip Detector |
90-21-03 | 14 August 1991 | Tail Rotor Blade Assembly |
81-18-01 R1 | 15 January 2002 | Trunnion |
78-11-02 R1 | 15 December 1988 | Rotor Blade Straps |
76-15-03 | 29 July 1976 | Main Rotor Blade Tension-Torsion Strap |
76-04-09 | 30 March 1976 | Main Rotor Hub Yokes |
75-18-07 | 19 September 1975 | Rotor Blade Pillow Block Assemblies |
75-06-03 | 20 October 1975 | Pitch Link Assembly |
74-24-01 | 15 November 1974 | Main Rotor Blade Grips |
73-19-08 | 15 September 1973 | Strap Fittings and Pins |
72-19-01 | 15 September 1972 | Main Rotor Retention Straps |
71-08-03 | 18 November 1971 | Particle Separation Kit |
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, is the primary legislation governing civil aviation in Australia, ensuring the safety and efficiency of air navigation. In line with this Act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft and aeronautical products. These ADs are legislative instruments that mandate compliance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation. This legislation was introduced to address the need for harmonised safety regulations across different jurisdictions, ensuring that aircraft registered in Australia meet both domestic and international safety standards. The policy objective is to uphold the highest safety standards in civil aviation, thereby protecting public safety and maintaining Australia's commitments under international aviation agreements.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These ADs are legislative instruments that ensure compliance with the safety standards set forth under Annex 8 of the Convention on International Civil Aviation. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with implementing these requirements. In Australia, CASA acts as the national airworthiness authority and must assess and, if necessary, issue Australian ADs in response to ADs from other States of Design. For instance, in response to US Federal Aviation Administration (FAA) ADs for Bell OH-58A helicopters, CASA issued AD/OH-58/1, which mandates compliance with the specified FAA ADs. This directive, effective from 28 August 2008, applies to all relevant aircraft registered in Australia and ensures adherence to international safety standards without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations necessary for the safety of air navigation. 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. Subregulation 39.001(5) specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus qualifies as a legislative instrument according to section 6 of the Legislative Instruments Act 2003. The ADs are intended to ensure the continuing airworthiness of aircraft types, aligning with the responsibilities of the State of Design under Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties involved are multifaceted. The State of Design, which in this case is the United States for Bell OH-58A (Bell 206A-1) series helicopters, bears the primary responsibility for ensuring that aircraft types remain airworthy. This includes providing necessary information to the State of Registry. The State of Registry, represented by CASA in Australia, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. CASA must assess the ADs issued by the State of Design and, where appropriate, issue corresponding Australian ADs to enforce the safety requirements mandated by the US Federal Aviation Administration (FAA).
Failure to comply with the requirements set out in an AD can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may be considered an offence. Such breaches can attract civil or criminal penalties, which may include fines and imprisonment, depending on the severity of the violation and the discretion of the court. The specific penalties are not detailed in the provided text but are typically outlined in the relevant sections of the Civil Aviation Act 1988 and other pertinent legislation.
The AD in question, Australian AD/OH-58/1, was issued by CASA on behalf of the Governor-General in accordance with subsection 84A(2) of the Act. It mandates compliance with the FAA ADs listed in Schedule 1, which pertain to various structural components of the Bell OH-58A helicopters. Because this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD raised by the State of Design, no consultation of the Australian public was necessary. Additionally, the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement, streamlining the process while ensuring the safety and airworthiness of the affected aircraft.