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.
CASA issued AD/HELIO/2 affecting Helio Courier model aircraft in 1972. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Airframes in the Airworthiness 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, aims to ensure the safety and efficiency of civil aviation in Australia. It provides the legal framework under which the Civil Aviation Safety Authority (CASA) operates, including the authority to issue airworthiness directives (ADs) to ensure that aircraft and aeronautical products remain in a safe condition. The Civil Aviation Safety Regulations 1998, made under the Act, further specify the procedures for issuing these directives. The problem or gap addressed by this legislation includes ensuring that all aircraft and aeronautical products meet safety standards and that regulatory measures are in place to continuously monitor and enforce these standards. The policy objective is to maintain high safety standards in civil aviation, thereby protecting the public and promoting confidence in air travel.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, establish the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under these legal instruments, CASA is empowered to issue ADs concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation. The ADs serve as legislative instruments, subject to disallowance, and play a crucial role in maintaining the continuing airworthiness of aircraft as per the requirements of the Convention on International Civil Aviation. The State of Design holds the primary responsibility for ensuring the airworthiness of an aircraft type, and the State of Registry is tasked with ensuring the airworthiness of individual aircraft. In practice, CASA reviews ADs issued by other States of Design and, if necessary, issues corresponding Australian ADs. The recent cancellation of AD/HELIO/2 affecting Helio Courier model aircraft, effective from 17 January 2008, exemplifies CASA's authority to amend or cancel ADs when the original safety concerns are addressed by other regulations. This specific cancellation was not subject to public consultation as it reduces the regulatory burden, and a Regulatory Impact Statement was deemed unnecessary by the Office of Best Practice Regulation. The cancellation was executed by the Manager, Airframes, within the Airworthiness Engineering Branch of CASA, in accordance with the legislative provisions.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further clarifies that the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. Subregulation 39.001(5) designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus categorising them as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. ADs serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft types and are a common practice among ICAO Contracting States.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design bears the primary responsibility for the ongoing airworthiness of an aircraft type, requiring it to supply necessary information to the appropriate States of Registry. The State of Registry, in turn, must establish or adopt requirements to maintain the airworthiness of individual aircraft. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design.
CASA issued AD/HELIO/2 in 1972 concerning Helio Courier model aircraft. Following a review, CASA has decided to cancel this AD, effective 17 January 2008. This cancellation was made without public consultation, as it reduces the regulatory burden, and no Regulatory Impact Statement was required as per the Office of Best Practice Regulation. The AD cancellation was executed by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in compliance with subsection 84A(2) of the Act. The original unsafe condition addressed by this AD is now covered by AD/GENERAL/74 Amendment 1, thereby making a replacement AD unnecessary.
Failure to comply with an airworthiness directive can result in serious consequences. Under section 156 of the Civil Aviation Act 1988, operating an aircraft in contravention of an AD is an offence. The maximum penalty for this offence can be significant, potentially reaching up to $330,000 for a corporation and $66,000 for an individual, depending on the severity and circumstances of the breach. Furthermore, CASA has the authority to take enforcement actions such as grounding the aircraft or imposing operational restrictions until compliance is achieved. These penalties and enforcement measures underscore the critical importance of adhering to ADs for maintaining aviation safety standards.