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/HU 269/14 affecting Schweizer (Hughes) 269 series helicopters in 1967. 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 was enacted to regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation. This legislation provides the framework for the regulation of aircraft and related activities, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, with CASA authorised under regulation 39.001 of the Civil Aviation Safety Regulations 1998 to issue such directives. The ADs are legislative instruments that reflect international standards set out in Annex 8 to the Convention on International Civil Aviation, where the State of Design has the primary responsibility for the continuing airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, is tasked with assessing and, where necessary, issuing Australian ADs to implement the requirements of foreign ADs on aircraft registered in Australia. This process ensures that the continuing airworthiness of aircraft is maintained in line with international safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that are necessary to ensure the safety of air navigation. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations to promote air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that CASA can issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments, disallowable under the Acts Interpretation Act 1901, and must be assessed and potentially adopted by Australia’s national airworthiness authority, CASA, when issued by the State of Design of an aircraft type on the Australian Register. The ADs are essential for ensuring the continuing airworthiness of aircraft, a responsibility assigned to the State of Registry under international conventions. The AD/HU 269/14 for Schweizer (Hughes) 269 series helicopters, issued in 1967 and subsequently cancelled by CASA on 22 October 2009, exemplifies this process. The cancellation of this directive, which does not necessitate a replacement due to the resolution of the original unsafe condition, reduces the regulatory burden without requiring public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 outline the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Act empowers the Governor-General to create regulations, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore a legislative instrument under the Legislative Instruments Act 2003.
The obligations imposed by these provisions primarily concern the State of Design and the State of Registry. According to Annex 8 to the Convention on International Civil Aviation, the State of Design holds primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. The State of Registry, in turn, must develop or adopt requirements to maintain the continuing airworthiness of individual aircraft. In the context of Australia, CASA, as the national airworthiness authority, is tasked with assessing any ADs issued by States of Design and, if necessary, issuing corresponding Australian ADs to enforce these requirements.
Breaches of the ADs and the regulations governing them can lead to significant consequences. Although specific offences and penalties are not detailed in this excerpt, the issuance and enforcement of ADs are integral to maintaining air safety. Failure to comply with an AD could potentially result in the aircraft being deemed unairworthy, which could lead to enforcement actions by CASA. This might include the grounding of an aircraft or other regulatory sanctions. The text does not provide specific details on penalties but implies that non-compliance could have serious repercussions for the involved parties, including potential criminal or civil liability.
Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, indicating a streamlined process for issuing these directives, particularly when they lead to a reduction in regulatory burden, as seen with the cancellation of AD/HU 269/14 affecting Schweizer (Hughes) 269 series helicopters. This cancellation, which becomes effective on 22 October 2009, exemplifies the authority's ability to adapt and respond to changing circumstances to ensure ongoing safety standards.