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 28/17 affecting Enstrom F-28 series helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/ENST 28/17. 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes the framework for ensuring the safety of civil aviation in Australia. It empowers the Governor-General to make regulations aimed at maintaining the safety of air navigation. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory power is exercised to address safety concerns and ensure the continuing airworthiness of aircraft, aligning with Australia’s obligations under the Convention on International Civil Aviation. ADs serve as a critical mechanism for disseminating safety information globally, with CASA acting as the national authority responsible for assessing and implementing these directives on aircraft registered in Australia. This legislative framework is designed to uphold the highest safety standards in the aviation industry.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework under which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. The scope of the ADs extends to all aircraft registered in Australia, mandating that the State of Registry, in this case CASA, must ensure the continuing airworthiness of such aircraft. The ADs are aligned with international standards set by Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. The application of these regulations is national, and CASA's authority to issue ADs is exercised in the interests of maintaining safety standards across the Commonwealth of Australia.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to establish regulations that pertain to the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is important to note that these ADs are legislative instruments (section 6 of the Legislative Instruments Act 2003), and they are disallowable in accordance with section 46A of the Acts Interpretation Act 1901. Under subregulation 39.001(5), an AD is considered a legislative instrument. These ADs serve as a means of continuing airworthiness information, a requirement outlined in Annex 8 to the Convention on International Civil Aviation.
The State of Design, which is responsible for the initial design of the aircraft, must provide any necessary information to ensure the continuing airworthiness of a type to the appropriate State of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. CASA, as Australia's national airworthiness authority, is tasked with assessing the information provided by the State of Design and, if necessary, issuing an Australian AD to enforce the requirements of the State of Design. This ensures that Australian aircraft meet the necessary safety standards.
In accordance with the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA issued AD/ENST 28/17 affecting Enstrom F-28 series helicopters. After assessing the situation, CASA determined that the unsafe condition no longer existed and subsequently cancelled Australian AD/ENST 28/17. The cancellation of this AD became effective on 27 August 2009, and no replacement AD was required. As this cancellation was a result of Australia's obligations under the Convention on International Civil Aviation, no consultation with the Australian public took place.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 for non-compliance with ADs. However, failure to comply with an AD may result in the aircraft being deemed unairworthy, which could lead to enforcement actions by CASA or other regulatory authorities. It is essential for aircraft operators, manufacturers, and maintenance personnel to adhere to ADs to ensure the safety and airworthiness of the aircraft within the Australian jurisdiction.