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 28/28 affecting Enstrom F-28 series helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/ENST 28/28. 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 was enacted to provide a legislative framework for ensuring the safety of civil aviation in Australia, aligning with international standards and practices. The Act empowers the Governor-General to create regulations for air navigation safety, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered legislative instruments and are essential for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. CASA's role includes assessing information from the State of Design and issuing ADs where necessary to comply with international obligations and ensure the safety of Australian-registered aircraft. The Civil Aviation Safety Authority has the authority to cancel ADs when the unsafe conditions they address no longer exist, as evidenced by the cancellation of AD/ENST 28/28 for Enstrom F-28 series helicopters on 27 August 2009.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the framework for the issuance of airworthiness directives (ADs) in Australia, aimed at ensuring the safety of air navigation. Pursuant to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interests of safety, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is empowered to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901, as per subregulation 39.001(5). The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to appropriate States of Registry, including Australia. The State of Registry, in this case represented by CASA, must then assess the information and issue corresponding ADs if necessary, to ensure compliance with international standards set by the Convention on International Civil Aviation. In this particular instance, AD/ENST 28/28, affecting Enstrom F-28 series helicopters, has been cancelled by CASA as the unsafe condition no longer exists, reflecting Australia's commitment to international obligations.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are instrumental in ensuring the safety and continuing airworthiness of aircraft as outlined in Annex 8 to the Convention on International Civil Aviation. Importantly, subregulation 39.001(5) establishes that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, consequently, a legislative instrument as per section 6 of the Legislative Instruments Act 2003. The State of Design, which is the country where the aircraft type was designed, has the overarching responsibility for the continuing airworthiness of that aircraft type, and must provide necessary information to ensure compliance with airworthiness standards. This information is typically conveyed through ADs, which are recognised by most ICAO Contracting States as a primary means of continuing airworthiness communication.
Entities governed by these regulations, particularly CASA and the State of Registry, have specific obligations. CASA, as Australia’s national airworthiness authority, is mandated to assess information from the State of Design and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design. The State of Registry, responsible for the individual aircraft, must ensure the continuing airworthiness of its registered aircraft by developing or adopting requisite safety requirements. These obligations ensure that the safety standards established by the State of Design are effectively implemented and maintained within the Australian aviation sector.
Failure to comply with ADs can result in significant consequences. While specific offences and penalties for non-compliance are not detailed in the provided text, it is implicit that the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide for civil or criminal penalties for breaches of airworthiness directives. These penalties are likely designed to enforce compliance and maintain the high safety standards that underpin the Australian aviation regulatory framework. In the context of the cancelled AD/ENST 28/28, CASA's decision to cancel the directive due to the resolution of the unsafe condition highlights the regulatory body’s commitment to ensuring that safety measures are both timely and effective.