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 12/39 affecting Hiller UH-12 series helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HILLER 12/39. 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, Future Technology and Regulatory Trends, in 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, aims to ensure the safety and efficiency of civil aviation within Australia. The Act provides a framework for the regulation of civil aviation activities, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to address safety concerns. The Civil Aviation Safety Regulations 1998 further elaborate on the processes and requirements for issuing such directives. The problem these regulations address is the need for a robust system to maintain the continuing airworthiness of aircraft, ensuring public safety and compliance with international standards under the Convention on International Civil Aviation. The policy objective is to mandate safety measures and ensure that aircraft meet necessary safety standards by issuing or cancelling ADs as required.
In accordance with international obligations and domestic legislation, CASA can issue ADs for specific aircraft or aeronautical products to address safety issues. The cancellation of a particular AD, such as AD/HILLER 12/39 affecting Hiller UH-12 series helicopters, reflects Australia's commitment to international civil aviation standards and the resolution of identified safety concerns. This action was taken by CASA without public consultation, as it falls under the purview of the Convention on International Civil Aviation and does not require a Regulatory Impact Statement. The AD cancellation was issued under the authority granted by the Civil Aviation Act 1988 and represents the fulfilment of Australia’s duty to ensure the safety of its civil aviation sector.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation in Australia, providing a legislative framework for the safety, efficiency, and security of air navigation. Under section 98 of this Act, the Governor-General can make regulations that align with the Act's safety objectives. One such regulation is outlined in the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These directives are integral for maintaining the continuing airworthiness of aircraft, ensuring that they meet the necessary safety standards as outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments and, as such, must adhere to the Legislative Instruments Act 2003. The ADs apply to aircraft registered in Australia, with CASA acting as the national airworthiness authority responsible for assessing and, if necessary, issuing Australian ADs to enforce the requirements set forth by the State of Design. The scope of the ADs is national, extending to all aircraft types and aeronautical products within Australia, and CASA's actions are guided by international obligations under the Convention on International Civil Aviation.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 pertain to the issuance of airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. These provisions empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products to ensure safety in air navigation. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 further defines an AD as a disallowable instrument, making it a legislative instrument under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
Under these provisions, the State of Design, which is the country where the aircraft was designed, holds the overall responsibility for the continuing airworthiness of an aircraft type. This includes providing necessary information to ensure that the type meets airworthiness standards. The State of Registry, where the aircraft is registered, is responsible for the continuing airworthiness of individual aircraft. This responsibility involves developing or adopting requirements to ensure the safety of aircraft within its jurisdiction. Consequently, when a State of Design issues an AD for an aircraft type registered in Australia, CASA, as the national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to enforce the requirements.
The obligations imposed by these provisions require CASA to monitor and evaluate ADs issued by other states. CASA must ensure that these directives are assessed and implemented correctly within Australia’s regulatory framework. This includes cancelling ADs when the unsafe conditions they address no longer exist. For example, in the case of the AD/HILLER 12/39 affecting Hiller UH-12 series helicopters, CASA assessed the information provided by the State of Design and concluded that the unsafe condition no longer existed, leading to the cancellation of the Australian AD.
The Act and Regulations also address the procedural aspects of issuing and cancelling ADs. As the AD/HILLER 12/39 cancellation was due to obligations under the Convention on International Civil Aviation, there was no requirement for public consultation. Moreover, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement, streamlining the process for such safety measures. The AD was made by the Manager, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
There are also civil and criminal consequences for non-compliance with the provisions regarding ADs. While the specific penalties are not detailed in the provided text, non-compliance with airworthiness directives can result in significant legal repercussions. These may include fines, suspension or revocation of airworthiness certificates, and other enforcement actions by CASA to ensure adherence to safety standards. Such measures are critical to maintaining the safety and integrity of the aviation industry.