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/HILLER 12/2 affecting Hiller UH-12 series helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HILLER 12/2. 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, enacted by the Australian Parliament, provides the legislative foundation for regulating civil aviation safety, with a particular focus on ensuring the safety of air navigation. It grants the Governor-General the authority to make regulations that serve the interests of air navigation safety, such as the Civil Aviation Safety Regulations 1998. Under these regulations, the Civil Aviation Safety Authority (CASA) has the power to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to maintain or improve the safety standards in the industry. This legislative framework responds to the need for stringent and consistent safety measures in civil aviation, aligning with international standards and obligations under the Convention on International Civil Aviation. The ADs serve as a practical tool for maintaining the continuing airworthiness of aircraft, ensuring compliance with safety standards set forth by the State of Design and the State of Registry.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, applies to the regulation and oversight of civil aviation safety 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 classified as legislative instruments under the Legislative Instruments Act 2003. This regulatory framework is designed to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the Convention on International Civil Aviation. The ADs are a mechanism by which CASA, as the national airworthiness authority, enforces safety requirements that align with the responsibilities of the State of Design and the State of Registry, as stipulated in Annex 8 of the Convention. The AD/HILLER 12/2 affecting Hiller UH-12 series helicopters, which has been cancelled by CASA, exemplifies the application of this legislation in addressing specific safety concerns. The process of issuing and cancelling such directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal 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 to support this objective, and regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are legislative instruments, as stipulated in section 46A of the Acts Interpretation Act 1901, and they are subject to disallowance under section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA is tasked with ensuring the continuing airworthiness of aircraft registered in Australia. In line with Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for ensuring the airworthiness of a particular aircraft type, and it must provide necessary information to States of Registry, including Australia. CASA, as Australia's national airworthiness authority, is required to assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. For instance, CASA has cancelled Australian AD/HILLER 12/2, which affected Hiller UH-12 series helicopters, after determining that the unsafe condition it addressed no longer exists.
Entities governed by these regulations, particularly aircraft operators and manufacturers, have specific obligations to comply with ADs. They must ensure that their aircraft meet the requirements outlined in any applicable ADs and take appropriate action to address any identified issues. This may involve conducting inspections, making repairs, or implementing other corrective measures. Failure to comply with an AD can result in serious safety risks and legal consequences.
Breach of the obligations imposed by these regulations can lead to significant consequences. While the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not specify maximum penalties for non-compliance with ADs, general provisions in the Act provide for substantial fines and imprisonment. For example, under section 25, a person who contravenes a regulation can be fined up to 420 penalty units, and in the case of a corporation, up to 2,100 penalty units. Additionally, under section 26, a person who is found guilty of an offence against the Act can be imprisoned for up to two years, or in the case of a corporation, fined up to 10,500 penalty units. Given the critical nature of airworthiness directives, non-compliance can also result in CASA taking enforcement actions, including grounding aircraft or imposing operational restrictions.