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 85-26-06 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-58/6, 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 establish a framework for ensuring the safety of air navigation, and to provide the legislative basis for the regulation of civil aviation in Australia. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which among other things, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are legislative instruments and are issued to mandate requirements for the continuing airworthiness of aircraft, in line with international obligations under the Convention on International Civil Aviation. The process for issuing these directives includes an assessment by CASA when a State of Design issues an AD, leading to the issuance of an Australian AD if appropriate. This ensures that Australia meets its international obligations and maintains the safety of air navigation.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under 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. These directives are essential for ensuring the continuing airworthiness of aircraft and are issued in accordance with international standards set by the Convention on International Civil Aviation. Specifically, the State of Design, which is responsible for the overall airworthiness of an aircraft type, issues ADs to communicate necessary safety information to States of Registry. Australia, as a State of Registry, must comply with these directives by issuing corresponding Australian ADs when appropriate. The ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. For instance, CASA issued Australian AD/OH-58/6 in response to the US FAA's AD 85-26-06 concerning OH-58A (BELL 206A-1) model helicopters, reflecting Australia's commitment to international aviation safety standards. As ADs are integral to maintaining international safety and regulatory consistency, they do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and its associated regulations, specifically the Civil Aviation Safety Regulations 1998, provide a framework for ensuring the safety and airworthiness of aircraft within Australia. Section 98 of the Act allows the Governor-General to make regulations to promote safety in air navigation. Regulation 39.001 within these regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, and they are disallowable as per section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these provisions include the responsibility of the State of Design, which is the country where the aircraft type was designed, to maintain and provide information necessary for the continuing airworthiness of the aircraft type. This responsibility extends to furnishing this information to the States of Registry, which are the countries where the individual aircraft are registered. For example, when the United States, as the State of Design for the OH-58A (BELL 206A-1) model helicopters, issues an airworthiness directive, CASA must evaluate this information. If deemed necessary, CASA must then issue an Australian AD to ensure compliance with the requirements specified by the State of Design.
The obligations on the States of Registry, such as Australia, involve developing or adopting requirements to ensure the continuing airworthiness of aircraft registered within their territory. This includes taking action in response to ADs issued by the State of Design. CASA, as Australia’s national airworthiness authority, plays a critical role in this process by assessing the ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs. This ensures that Australian-registered aircraft meet international safety standards.
In terms of consequences for non-compliance, breaching the requirements set out in airworthiness directives can have significant legal ramifications. While specific penalties are not detailed within the provided text, non-compliance with ADs can generally lead to enforcement actions by CASA. These actions may include fines, the grounding of non-compliant aircraft, or other administrative penalties. The severity of these penalties can depend on the nature and extent of the non-compliance, and the potential for both civil and criminal consequences exists, depending on the circumstances.