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 has issued AD 80-18-04R1 affecting OH-58A (BELL 206A-1) model helicopters. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/OH-58/5, which will become effective on
28 August 2008.
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.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. One of the significant aspects of this Act is the delegation of powers to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments under section 6 of the Legislative Instruments Act 2003 and are crucial for maintaining the continuing airworthiness of aircraft types. The authority to issue these directives stems from Australia's commitment to international civil aviation standards as set out in Annex 8 to the Convention on International Civil Aviation, which places responsibility for the continuing airworthiness of aircraft types on the State of Design. CASA, as Australia's national airworthiness authority, assesses and implements these directives to ensure compliance with international standards, thereby fulfilling Australia's obligations under the Convention.
Scope and Application
The Civil Aviation Act 1988, as amended by F2008L02969, and the Civil Aviation Safety Regulations 1998, provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under the authority granted by section 98 of the Civil Aviation Act 1988, the Governor-General can enact regulations to ensure the safety of air navigation, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs, being disallowable instruments under section 46A of the Acts Interpretation Act 1901, are considered legislative instruments pursuant to section 6 of the Legislative Instruments Act 2003. The issuance of ADs aligns with international standards, as outlined in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has overarching responsibility for the continuing airworthiness of an aircraft type. Consequently, when a State of Design, such as the United States for the OH-58A (BELL 206A-1) model helicopters, issues an AD, CASA, as Australia’s national airworthiness authority, must review and, if deemed necessary, issue a corresponding Australian AD. This process ensures compliance with international obligations and the maintenance of safety standards. Given the international nature of these directives and their alignment with existing international conventions, no public consultation is required, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 that pertain to the issuance of airworthiness directives (ADs) are section 98 of the Act and regulation 39.001 of the Regulations. Section 98 allows the Governor-General to make regulations that are necessary for the safety of air navigation, and regulation 39.001 enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that ADs are disallowable instruments, thus making them legislative instruments under the Legislative Instruments Act 2003.
The obligations imposed by these provisions on CASA and other entities are significant. CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design and determine whether to mandate these requirements domestically. The State of Design, in this case the United States for the OH-58A model helicopters, holds the responsibility of ensuring the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry, which includes Australia. The State of Registry is then responsible for implementing the requirements of the AD to maintain the airworthiness of individual aircraft registered within its jurisdiction.
There are several potential consequences for non-compliance with ADs. Firstly, under section 90 of the Civil Aviation Act 1988, operating an aircraft that does not comply with an AD can be an offence. Such an offence carries a maximum penalty of 2,100 penalty units, which equates to approximately AUD 420,000 as of the current penalty unit value. In addition to criminal penalties, non-compliance can result in administrative actions, such as the suspension or revocation of an aircraft's certificate of airworthiness, which effectively grounds the aircraft until compliance is achieved. These measures ensure that airworthiness standards are consistently met and maintained, safeguarding public safety in aviation.