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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/AS 355/31 affecting Eurocopter AS355 helicopters. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 30 July 2009. No replacement AD is required.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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, Airframe and 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 Australian Parliament, serves to regulate civil aviation and ensure the safety of air navigation. One of the key provisions of this Act is the authority granted to the Governor-General to make regulations in the interests of aviation safety. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This legislative framework is designed to maintain and enhance the safety standards of aircraft in Australia, in alignment with international obligations under the Convention on International Civil Aviation. The Civil Aviation Act 1988 addresses the gap in ensuring that aircraft meet ongoing safety standards and that appropriate measures are in place to maintain their airworthiness. The cancellation of a particular airworthiness directive, as in the case of the Eurocopter AS355 helicopters, reflects Australia’s commitment to these international standards and ensures the continued safety of civil aviation within the country.
Scope and Application
The Civil Aviation Act 1988 provides the legislative framework for the regulation of civil aviation in Australia, with specific provisions allowing the Governor-General to make regulations for the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for kinds of aircraft or aeronautical products. These directives, which are legislative instruments under the Acts Interpretation Act 1901 and Legislative Instruments Act 2003, are intended to ensure the continuing airworthiness of aircraft types and aeronautical products. The ADs are aligned with the requirements of Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and State of Registry. CASA has the authority to issue, review, and cancel these directives, as demonstrated by the cancellation of AD/AS 355/31 for Eurocopter AS355 helicopters, which was cancelled due to Australia's obligations under the Convention on International Civil Aviation and took effect on 30 July 2009. This cancellation did not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation (section 98), and under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products (regulation 39.001). These directives are considered legislative instruments under the Acts Interpretation Act 1901 (section 46A) and the Legislative Instruments Act 2003 (section 6). The State of Design holds the primary responsibility for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry as outlined in Annex 8 of the Convention on International Civil Aviation. The State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft and must develop or adopt the necessary requirements for this purpose.
The obligations imposed by these regulations require CASA to issue ADs to maintain the safety and airworthiness of aircraft. This includes the responsibility to review existing ADs and make necessary changes, such as the cancellation of AD/AS 355/31 for Eurocopter AS355 helicopters. Such changes must align with Australia's international obligations under the Convention on International Civil Aviation and must be executed by authorised personnel within CASA, such as the Manager, Airframe and Structures in the Airworthiness Engineering Group. The cancellation of AD/AS 355/31 is effective from 30 July 2009, and no replacement AD is required. This process is carried out in accordance with the provisions of the Civil Aviation Act 1988, specifically subsection 84A(2).
Breaching the provisions of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 can result in significant legal consequences. Although specific offences, penalties, or civil/criminal consequences for the breach of ADs are not detailed in the provided text, non-compliance with airworthiness directives can lead to severe repercussions under aviation law. Penalties may include fines, suspension or revocation of airworthiness certificates, and potential criminal charges in cases of gross negligence or deliberate non-compliance. These measures are enforced to ensure the highest standards of aviation safety and to protect public safety in the air.