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/HILLER 12/10 affecting Hiller UH-12 series helicopters in 1962. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 22 October 2009. No replacement AD is required, as the original unsafe condition no longer exists.
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, Initial Airworthiness, Airworthiness and Engineering Branch of 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 address the need for a comprehensive legal framework governing civil aviation in Australia, with a strong emphasis on safety and regulation. The Act provides the legislative basis for the creation of regulations aimed at ensuring the safety of air navigation, including the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. These directives are crucial for ensuring that aircraft and aeronautical products meet the necessary safety standards. Under the authority conferred by the Civil Aviation Act 1988, the Civil Aviation Safety Regulations 1998 further detail the mechanisms for issuing ADs, establishing them as legislative instruments that are subject to disallowance. The policy objective behind these regulations is to harmonise with international standards and practices, particularly those set by the International Civil Aviation Organization (ICAO), ensuring that Australia's aviation safety measures are consistent with global norms.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes a comprehensive regulatory framework for the safety of air navigation in Australia. Under this Act, the Governor-General is empowered to issue regulations, such as airworthiness directives (ADs), to enhance air safety, and these regulations extend to all aircraft and aeronautical products registered in Australia. ADs are legislative instruments that mandate corrective actions to address safety issues identified in specific types of aircraft or aeronautical products. The Civil Aviation (Safety) Regulations 1998, specifically regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue these directives, which are also subject to disallowance under the Acts Interpretation Act 1901. The State of Registry, typically CASA in the case of Australia, assumes responsibility for the continuing airworthiness of individual aircraft, in accordance with Annex 8 to the Convention on International Civil Aviation. Consequently, when a State of Design issues an AD, CASA must evaluate this information and may issue an Australian AD to enforce the necessary safety measures. In this particular case, CASA has decided to cancel the AD/HILLER 12/10 for Hiller UH-12 series helicopters, effective from 22 October 2009, as the unsafe condition it addressed no longer exists, thus reducing regulatory burden without necessitating a public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. This includes the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is classified as a legislative instrument according to section 6 of the Legislative Instruments Act 2003. The State of Design, in accordance with Annex 8 to the Convention on International Civil Aviation, has the overarching responsibility for the continuing airworthiness of an aircraft type, and must supply necessary information to the States of Registry to ensure that aircraft remain airworthy.
These obligations extend to the State of Registry, which must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, is required to assess this information. If appropriate, CASA must then issue an Australian AD to mandate the requirements set by the State of Design. For example, CASA issued AD/HILLER 12/10 in 1962, which affected Hiller UH-12 series helicopters. Following a review, CASA decided to cancel this AD, effective from 22 October 2009, as the unsafe condition it addressed no longer exists. No replacement AD is necessary as a result.
In terms of compliance and enforcement, the issuance of ADs is a regulatory measure designed to ensure the safety and airworthiness of aircraft. The AD cancellation in this case does not require consultation with the Australian public, as it is intended to reduce the regulatory burden. Moreover, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement. The AD cancellation was made by the Manager, Initial Airworthiness, Airworthiness and Engineering Branch of the Standards Development and Future Technology Division on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Should there be any breaches of the ADs or any other regulatory requirements set forth under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, the consequences can be severe. While specific offences and penalties are not detailed in this instance, breaches of airworthiness directives can generally lead to civil or criminal penalties. These may include fines, suspension or revocation of aircraft certificates, and in some cases, imprisonment, depending on the severity of the breach and the discretion of the court. It is imperative for all parties governed by these regulations to adhere strictly to the issued ADs to avoid such adverse outcomes.