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 269/18 affecting Schweizer (Hughes) 269 series helicopters in 1966. 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, enacted by the Australian Parliament, was introduced to ensure the safety and efficiency of civil aviation in Australia. This Act provides the legislative framework for the regulation of civil aviation, including the issuance of airworthiness directives to maintain aircraft safety standards. Under section 98 of the Act, the Governor-General has the authority to make regulations for the purposes of the Act, ensuring that air navigation remains safe. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products, thereby contributing to the ongoing airworthiness of aircraft registered in Australia. The policy objective behind these regulations is to ensure that all aircraft meet the necessary safety standards, thereby protecting the public and maintaining the integrity of the Australian civil aviation system.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together facilitate the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under regulation 39.001, CASA is empowered to issue ADs concerning specific types of aircraft or aeronautical products, which are legislative instruments as per the Legislative Instruments Act 2003. The ADs are integral to ensuring the continuing airworthiness of aircraft in accordance with the Convention on International Civil Aviation. Specifically, the State of Design holds responsibility for providing necessary information to maintain airworthiness, and CASA, acting as Australia’s national airworthiness authority, must assess this information and issue corresponding ADs as required. The AD cancellation process, exemplified by AD/HU 269/18 for Schweizer (Hughes) 269 series helicopters, reflects CASA’s commitment to safety and regulatory efficiency. The cancellation of ADs, such as the one for the Schweizer 269 series helicopters, is conducted without public consultation due to its impact on reducing regulatory burden, aligning with the determination of the Office of Best Practice Regulation that ADs do not necessitate a Regulatory Impact Statement. The issuance and cancellation of ADs are carried out by CASA’s Manager, Initial Airworthiness, within the Airworthiness and Engineering Branch of the Standards Development and Future Technology Division, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, and specifically the Civil Aviation Safety Regulations 1998, provide the framework for issuing airworthiness directives (ADs) under section 98 and regulation 39.001. An AD is a legislative instrument designed to ensure the continuing airworthiness of aircraft types. These directives can be issued by the Civil Aviation Safety Authority (CASA) and are critical for maintaining safety standards as stipulated by the State of Design and the State of Registry. According to regulation 39.001(5), ADs are disallowable instruments, meaning they can be reviewed and potentially annulled by legislative processes.
The obligations under these regulations are multi-faceted. The State of Design, which typically manufactures the aircraft, must ensure the continuing airworthiness of the aircraft type and provide necessary information to the States of Registry. The States of Registry, such as Australia, must then develop or adopt requirements to ensure the airworthiness of individual aircraft registered within their jurisdiction. When an AD is issued by a State of Design, CASA must assess the directive and, if appropriate, issue a corresponding Australian AD to enforce the requirements on aircraft registered in Australia. This process ensures that Australian-registered aircraft meet the necessary safety standards.
Failure to comply with the provisions of the ADs can lead to significant consequences. If an entity or individual fails to adhere to the mandates outlined in an AD, they may face both civil and criminal penalties. The exact penalties depend on the nature and severity of the breach, but they can include fines, imprisonment, or both. The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 provide the legal framework within which these penalties are imposed and enforced. Ensuring compliance with ADs is crucial to maintaining the safety and integrity of the national airspace.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a comprehensive system for issuing and enforcing airworthiness directives. These directives are essential for ensuring that aircraft remain safe and airworthy. The obligations placed on the State of Design, State of Registry, and CASA are clearly defined, with significant penalties for non-compliance. The system ensures that the continuing airworthiness of aircraft is maintained to the highest safety standards.