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 28/18 affecting Enstrom F-28 series helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/ENST 28/18. 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, enacted by the Australian Parliament, was introduced to regulate civil aviation and ensure the safety of air navigation within Australia. This Act provides the legal framework for the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft types registered in Australia. These ADs are intended to mandate safety requirements to ensure the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. CASA’s role is to assess foreign ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to maintain safety standards. The recent cancellation of Australian AD/ENST 28/18 for Enstrom F-28 series helicopters reflects CASA's adherence to international obligations and its commitment to ensuring that only necessary safety measures are in place.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products, with these directives being considered legislative instruments under the Legislative Instruments Act 2003. These directives are integral to maintaining the continuing airworthiness of aircraft, as per Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design overall responsibility for the airworthiness of aircraft types and mandates information sharing to the States of Registry. CASA, as Australia's national airworthiness authority, is responsible for assessing foreign ADs and issuing corresponding Australian ADs when necessary, ensuring compliance with international standards while addressing specific safety concerns. The issuance, amendment, or cancellation of these directives, such as the recent cancellation of AD/ENST 28/18 for Enstrom F-28 series helicopters, is conducted without public consultation or a Regulatory Impact Statement, reflecting the streamlined nature of safety-critical regulatory activities. This process underscores the regulatory authority's commitment to swift and effective management of air safety issues in alignment with international obligations and domestic legislative mandates.
Key Provisions
Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations aimed at ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are disallowable in terms of section 46A of the Acts Interpretation Act 1901. They are instrumental in maintaining the continuing airworthiness of aircraft types and products as per Annex 8 to the Convention on International Civil Aviation.
In accordance with the Convention, the State of Design is responsible for ensuring the continuing airworthiness of a particular aircraft type, and it must provide all necessary information to the State of Registry to support this goal. The State of Registry, in turn, must develop or adopt regulations to ensure the continuing airworthiness of individual aircraft. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must review this information and, if appropriate, issue an Australian AD to enforce the requirements set forth by the State of Design. This is the case for AD/ENST 28/18, which CASA has assessed and subsequently cancelled for Enstrom F-28 series helicopters. The cancellation, which will take effect on 27 August 2009, signifies that the unsafe condition no longer exists, hence no replacement AD is necessary.
CASA has the obligation to assess and act upon any AD issued by the State of Design that affects aircraft registered in Australia. In this instance, CASA reviewed the AD/ENST 28/18 and determined that it could be cancelled because the unsafe condition identified in the original directive no longer exists. The cancellation process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This decision reflects CASA’s adherence to international obligations and internal assessment protocols to maintain the safety and airworthiness of aircraft in Australia.
Breaches of the requirements outlined in the Civil Aviation Safety Regulations 1998 may lead to civil or criminal penalties, depending on the nature and severity of the violation. While specific penalties are not detailed in the provided text, it is known that non-compliance with ADs can result in significant repercussions, including fines and potential imprisonment. The authority to enforce these regulations lies with CASA, which has the power to take appropriate action against individuals or entities that fail to comply with issued ADs or other safety mandates.