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 94-19-02 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-58/7, 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, enacted to ensure the safety of air navigation, empowers the Governor-General to make regulations that serve this purpose. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003. In line with international standards set by Annex 8 to the Convention on International Civil Aviation, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must ensure compliance with airworthiness requirements. When a State of Design issues an AD, such as the one from the US FAA affecting OH-58A (BELL 206A-1) model helicopters, CASA must assess this information and issue a corresponding Australian AD if necessary. This process ensures that Australia meets its international obligations and maintains safety standards for aircraft registered in the country.
Scope and Application
The Civil Aviation Act 1988 applies broadly to the regulation of civil aviation in Australia, establishing a framework for ensuring the safety and efficiency of air navigation within Australia's jurisdiction. Specifically, the Act empowers the Governor-General to make regulations for the safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) concerning particular kinds of aircraft or aeronautical products. These directives serve as legislative instruments, subject to disallowance and the Legislative Instruments Act 2003. The ADs issued by CASA are instrumental in maintaining the continuing airworthiness of aircraft, aligning with the responsibilities of the State of Design and the State of Registry under Annex 8 of the Convention on International Civil Aviation. As such, CASA is obligated to assess foreign ADs, such as the one issued by the US Federal Aviation Administration (FAA) for OH-58A (BELL 206A-1) model helicopters, and issue corresponding Australian ADs when necessary, ensuring compliance with international standards and obligations. The issuance of these directives is not subject to public consultation or the requirement for a Regulatory Impact Statement, reflecting their nature as responses to international obligations and safety imperatives.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require that the Governor-General may make regulations for the safety of air navigation (Civil Aviation Act 1988, s 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. An AD is considered a legislative instrument (Civil Aviation Safety Regulations 1998, s 39.001(5); Legislative Instruments Act 2003, s 6). These directives serve to maintain the airworthiness of aircraft and aeronautical products in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Act and the Regulations require the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type. The State of Registry is responsible for the continuing airworthiness of individual aircraft and must implement requirements to maintain this airworthiness. In Australia, CASA, as the national airworthiness authority, must assess ADs issued by the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that Australian-registered aircraft meet international safety standards.
Breaching the requirements set forth by the ADs can lead to significant consequences. The Act does not explicitly outline specific offences or penalties for non-compliance with ADs; however, failure to comply with ADs can result in severe civil and criminal penalties. Such penalties may include fines, imprisonment, or both, depending on the severity of the breach and the resulting impact on aviation safety. CASA has the authority to enforce compliance and may take action against operators or individuals who do not adhere to the mandated airworthiness requirements.
The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 provide a framework for issuing and enforcing ADs, ensuring that Australian aviation remains compliant with international standards. This legislative structure places the onus on CASA to monitor and enforce airworthiness directives, thereby safeguarding the safety of air navigation. The absence of public consultation on specific ADs, as determined by the Office of Best Practice Regulation, highlights the necessity of these measures in maintaining high safety standards without unnecessary bureaucratic delays.