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/HU 269/17 affecting Hughes 269 A and Hughes 269 B aircraft in 1967. CASA has assessed this AD and as a result has cancelled Australian AD/HU 269/17. The cancellation will become effective on 25 October 2007. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled thereby reducing the regulatory load on Australian operators no consultation with the Australian public has taken place. 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, Systems and New Technologies in the Airworthiness Engineering Branch, 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 and efficiency of civil aviation in Australia. This legislation, created by the Australian Parliament, aims to regulate civil aviation to promote safety and efficiency in the air navigation industry. One of the key tools introduced under this Act is the issuance of airworthiness directives (ADs), which are regulatory measures aimed at ensuring the ongoing safety and airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further detail the procedures and responsibilities associated with ADs, which are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Civil Aviation Safety Authority (CASA), as Australia’s national airworthiness authority, plays a critical role in assessing and issuing these directives in line with international standards set by the International Civil Aviation Organization (ICAO). This legislative framework is designed to maintain the highest safety standards in civil aviation, ensuring that aircraft continue to meet airworthiness criteria throughout their operational life.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to create regulations that ensure the safety of air navigation. Specifically, regulation 39.001 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and, as such, are classified as legislative instruments in accordance with the Legislative Instruments Act 2003. The State of Design holds primary responsibility for the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation, and must provide necessary information to the States of Registry. In Australia, CASA, acting as the national airworthiness authority, assesses information from States of Design and issues Australian ADs when necessary to ensure compliance with safety requirements. For instance, AD/HU 269/17, issued in 1967 concerning Hughes 269 A and B aircraft, has been cancelled by CASA as of 25 October 2007, as the unsafe condition it addressed no longer exists. Consequently, no replacement AD is required, and no public consultation or Regulatory Impact Statement was deemed necessary.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations in the interest of air navigation safety, while regulation 39.001 of the Regulations specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These directives are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require the State of Design to maintain the continuing airworthiness of an aircraft type and provide necessary information to the States of Registry. The State of Registry, in this case CASA, is responsible for ensuring the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that all aircraft registered in Australia comply with international safety standards.
Failure to comply with the ADs can result in severe consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline various offences and penalties for non-compliance. These may include fines and imprisonment for individuals and corporations. The specific maximum penalties are determined by the nature and severity of the breach, as defined in the relevant sections of the Act and Regulations.
In the specific case of AD/HU 269/17, issued in 1967 for Hughes 269 A and Hughes 269 B aircraft, CASA assessed the AD and subsequently cancelled it, effective from 25 October 2007. This cancellation was due to the elimination of the unsafe condition that originally prompted the directive. Given that the AD was cancelled and no replacement is needed, no public consultation was required, and the Office of Best Practice Regulation confirmed that a Regulatory Impact Statement was unnecessary. The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.