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 269/35 Amendment 1 affecting Schweizer (Hughes) 269 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 269/35 Amendment 1. The cancellation will become effective on 7 May 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 Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, governs the regulation of civil aviation in Australia to ensure safety and efficiency in the industry. To further these objectives, the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. This mechanism is integral to the continuing airworthiness of aircraft, aligning with Australia’s commitments under the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. CASA, as the national airworthiness authority, must review and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design. The process of issuing or cancelling ADs is conducted under the authority of the Act and aims to maintain the highest safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to the types of aircraft or aeronautical products registered within Australia. These ADs, which are legislative instruments, are crucial for maintaining the continuing airworthiness of aircraft in accordance with Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of the State of Design and the State of Registry. Specifically, CASA, as Australia's national airworthiness authority, assesses information provided by the State of Design and, if necessary, issues Australian ADs to enforce the required safety measures. For instance, CASA has cancelled Australian AD/HU 269/35 Amendment 1 concerning Schweizer (Hughes) 269 series helicopters as the unsafe condition it addressed no longer exists. This action aligns with Australia's international obligations and does not require public consultation or a Regulatory Impact Statement. The AD was made by the Manager Systems and New Technologies within CASA's Airworthiness Engineering Group, in accordance with the Act's provisions.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to enact regulations for the safety of air navigation, with regulation 39.001 specifically authorising the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs, as provided in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. This regulatory framework ensures that ADs serve as critical tools for maintaining the airworthiness of aircraft types, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and the States of Design and Registry are substantial. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, including the provision of necessary information to States of Registry. Meanwhile, the State of Registry must implement or adopt specific requirements to ensure the ongoing airworthiness of individual aircraft within its jurisdiction. In practice, this means that when a State of Design issues an AD, CASA must evaluate the information and, if deemed appropriate, issue a corresponding Australian AD to enforce the requirements stipulated by the State of Design. Such obligations are crucial in maintaining high safety standards and ensuring compliance with international aviation safety norms.
In the case of the AD/HU 269/35 Amendment 1, which affected Schweizer (Hughes) 269 series Helicopters, CASA assessed the directive and subsequently decided to cancel it. This decision was made in line with Australia's obligations under the Convention on International Civil Aviation, and as a result, the unsafe condition that prompted the issuance of the AD no longer exists. Consequently, the cancellation of AD/HU 269/35 Amendment 1 became effective on 7 May 2009, without the need for a replacement AD. This cancellation process did not involve public consultation, as determined by the Office of Best Practice Regulation, which found that ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The consequences for non-compliance with ADs are significant. Failure to adhere to the requirements set out in an AD can result in severe civil and criminal penalties. Under the Civil Aviation Act 1988, non-compliance with ADs can lead to civil penalties, including fines up to the maximum prescribed by the Act. Additionally, in more severe cases, the breach of ADs may constitute an offence, leading to criminal penalties such as imprisonment. These stringent measures underscore the importance of adhering to ADs to ensure the safety and airworthiness of aircraft.