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 269/16, Amendment 4, 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 ensure the safety of air navigation in Australia, providing the framework for the regulation of civil aviation activities within the country. Under this Act, the Civil Aviation Safety Regulations 1998 were established to further detail the requirements and procedures necessary for maintaining airworthiness standards, including the issuance of airworthiness directives (ADs). ADs are legislative instruments designed to mandate corrective actions to ensure the continuing airworthiness of aircraft, in line with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Authority (CASA) is tasked with issuing ADs that are applicable to aircraft registered in Australia, following assessments of information provided by the aircraft’s State of Design. The legislative process for ADs, including their cancellation, is conducted in accordance with the provisions of the Legislative Instruments Act 2003, ensuring transparency and accountability in regulatory decision-making.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively establish the framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and registration under the Legislative Instruments Act 2003. The application of these directives is aimed at maintaining the safety and airworthiness of aircraft registered in Australia, aligning with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, assesses ADs issued by States of Design and, if necessary, issues corresponding Australian ADs to ensure compliance with airworthiness standards. The scope of these regulations extends to all aircraft registered within Australia, imposing obligations on aircraft owners, operators, and other relevant entities to adhere to the directives issued by CASA.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as regulatory instruments aimed at ensuring the continuing safety and airworthiness of aircraft. Under the Acts Interpretation Act 1901 (section 46A), ADs are classified as disallowable instruments and, in accordance with the Legislative Instruments Act 2003 (section 6), they are considered legislative instruments. This means that ADs have legal standing and must be issued with due consideration for their regulatory impact.
The State of Design, which is responsible for the design of an aircraft, must provide necessary information to ensure the continuing airworthiness of the aircraft type. This responsibility is outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is responsible for the individual aircraft, must implement or adopt requirements to ensure the aircraft’s continuing airworthiness. When the State of Design issues an AD, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design. This process ensures that safety standards are consistently applied across different jurisdictions.
In a specific instance, CASA issued AD/HU 269/16, Amendment 4, which affected Schweizer (Hughes) 269 series helicopters from 1967. After reviewing the AD, CASA decided to cancel it, effective from 22 October 2009. The cancellation was due to the resolution of the original safety issue, and no replacement AD is needed. The decision to cancel the AD did not require consultation with the public, as it resulted in a reduction of regulatory burden, and the Office of Best Practice Regulation determined that ADs do not require a Regulatory Impact Statement. This AD was made by the Manager, Initial Airworthiness, Airworthiness and Engineering Branch of CASA’s Standards Development and Future Technology Division, as per subsection 84A(2) of the Civil Aviation Act 1988.
For those affected by ADs, compliance is mandatory, and failure to adhere to the directives can lead to serious consequences. Non-compliance with an AD may result in the grounding of an aircraft or the imposition of other safety measures. Civil penalties for non-compliance can include fines and other sanctions, while criminal penalties may include imprisonment, depending on the severity of the non-compliance and its impact on aviation safety. The specific penalties are outlined in the Civil Aviation Act 1988 and can vary based on the nature and extent of the breach.