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 Civil Aviation Safety Authority or its predecessors issued AD/ENST 28/12 affecting Enstrom F-28 series helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/ENST 28/12. The cancellation will become effective on 27 August 2009. No replacement AD is required, as the unsafe condition no longer exists.
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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a legislative framework for civil aviation in Australia, addressing gaps in regulation and ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, such as issuing airworthiness directives through the Civil Aviation Safety Regulations 1998. This regulatory mechanism is vital for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) operates as Australia’s national airworthiness authority, tasked with assessing and implementing airworthiness directives issued by the State of Design, ensuring that any unsafe conditions identified are appropriately addressed and mitigated. In line with these international obligations, CASA has the authority to cancel airworthiness directives when the associated unsafe conditions no longer exist, as demonstrated by the cancellation of AD/ENST 28/12 for Enstrom F-28 series helicopters, effective from 27 August 2009.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 establish the framework for ensuring the safety of air navigation in Australia, with a particular focus on the continuing airworthiness of aircraft. The Act applies to all entities involved in civil aviation within Australia, including aircraft operators, manufacturers, and maintenance providers, as well as the Civil Aviation Safety Authority (CASA), which is designated as Australia's national airworthiness authority. Under these regulations, CASA is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to mandate safety requirements. These ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. Furthermore, the ADs must align with international obligations under the Convention on International Civil Aviation, particularly those set out in Annex 8, which designates the State of Design with the responsibility for the continuing airworthiness of an aircraft type. CASA must assess and, if necessary, issue Australian ADs to ensure compliance with these international standards. The scope of these regulations extends to all aircraft registered in Australia, encompassing both domestic and international operations, and they are applicable on a national level within the Commonwealth of Australia. There are no stated exclusions or thresholds specified in the text, but the effectiveness and implementation of these directives may be influenced by subordinate instruments or additional regulatory guidance issued by CASA.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This authority is granted under section 98 of the Civil Aviation Act 1988, where the Governor-General has the power to make regulations for the Act's purposes, particularly in relation to air navigation safety. An AD is a disallowable instrument as per section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations placed on CASA and other parties under these regulations are substantial. CASA must assess ADs issued by the State of Design, which holds overall responsibility for the continuing airworthiness of an aircraft type, and must issue corresponding Australian ADs if deemed necessary. The State of Registry, which is responsible for the individual aircraft's continuing airworthiness, must also develop or adopt requirements to ensure the airworthiness of aircraft within its registry. This collaborative approach ensures that safety standards are consistently applied and maintained across different jurisdictions.
Breach of the requirements stipulated in these ADs can result in significant consequences. While the Civil Aviation Safety Regulations 1998 do not explicitly detail offences, penalties, or consequences for non-compliance with ADs, such non-compliance can lead to serious civil or criminal liability under the Civil Aviation Act 1988. For example, failure to comply with an AD may result in the grounding of an aircraft, leading to financial losses and potential harm to passengers and crew. Furthermore, individuals or corporations found guilty of non-compliance may face hefty fines or even imprisonment, as outlined in the broader civil aviation legislative framework.
In the specific case of the AD/ENST 28/12 concerning Enstrom F-28 series helicopters, CASA assessed the directive and subsequently decided to cancel it, effective from 27 August 2009. The cancellation was due to the unsafe condition no longer existing, and no replacement AD was required. As this cancellation was a result of Australia's obligations under the Convention on International Civil Aviation, no public consultation was necessary, and the Office of Best Practice Regulation determined that ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager, Future Technology and Regulatory Trends, within CASA's Standards Development and Future Technology Division, in accordance with subsection 84A(2) of the Act.