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 issued AD/ENST 28/29 affecting Enstrom F-28 helicopters in 1986. CASA has assessed this AD and as a result has cancelled Australian AD/ENST 28/29. The cancellation will become effective on 25 October 2007. No replacement AD is required, as the unsafe condition is addressed in the maintenance manual.
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, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of air navigation in Australia, and to establish the Civil Aviation Safety Authority (CASA) as the national authority responsible for regulating civil aviation safety. Section 98 of the Act empowers the Governor-General to make regulations in the interests of air navigation safety, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments that mandate the continuing airworthiness of aircraft, aligning with the responsibilities of the State of Design and State of Registry under Annex 8 to the Convention on International Civil Aviation. CASA, acting on behalf of the Governor-General, issued AD/ENST 28/29 in 1986 concerning Enstrom F-28 helicopters, which has now been cancelled effective 25 October 2007 due to the unsafe condition being addressed in the maintenance manual. Given the cancellation is in line with Australia's international obligations, no public consultation or Regulatory Impact Statement was required.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations aimed at enhancing the safety of air navigation, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specified kinds of aircraft or aeronautical products. These airworthiness directives are legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The issuance of these directives falls under the State of Design’s responsibility for the continuing airworthiness of an aircraft type, and the State of Registry is tasked with ensuring the ongoing airworthiness of individual aircraft. When an airworthiness directive is issued by a State of Design against a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must assess the directive and, if appropriate, issue an Australian airworthiness directive to mandate the requirements of the State of Design. The AD/ENST 28/29 affecting Enstrom F-28 helicopters, issued in 1986, has been cancelled by CASA due to the unsafe condition being addressed in the maintenance manual, with the cancellation effective from 25 October 2007. Given the obligations under the Convention on International Civil Aviation, no public consultation or Regulatory Impact Statement was required for this directive cancellation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, enable the Governor-General to make regulations for the safety of air navigation (section 98). Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and is considered a legislative instrument under the Legislative Instruments Act 2003. These provisions outline the legal framework for ensuring the continuing airworthiness of aircraft in Australia.
The Act and the accompanying regulations impose several obligations on the parties involved. Firstly, the State of Design has a responsibility under Annex 8 of the Convention on International Civil Aviation to ensure the continuing airworthiness of an aircraft type, including providing necessary information to the States of Registry. Secondly, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When an AD is issued by a State of Design, CASA, as Australia’s national airworthiness authority, must assess the information and, if necessary, issue an Australian AD to enforce the requirements. This ensures that Australian-registered aircraft comply with international safety standards.
There are significant consequences for non-compliance with the requirements set out in the ADs. While the text does not specify penalties for breaching ADs, general aviation regulations often include provisions for fines or other penalties for non-compliance with airworthiness directives. Such breaches could potentially lead to enforcement actions by CASA, which might include grounding the aircraft, imposing fines, or taking other regulatory measures to ensure compliance. The text does not detail the specific penalties but implies that adherence to ADs is critical for maintaining the safety of air navigation.
The text also highlights the procedural steps taken by CASA in issuing and cancelling ADs. For instance, CASA issued AD/ENST 28/29 in 1986 for Enstrom F-28 helicopters and later cancelled it based on Australia’s obligations under the Convention on International Civil Aviation. This action was taken by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This procedural detail ensures transparency and accountability in the regulatory process, ensuring that ADs are issued and amended based on sound safety assessments.