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 269/40 affecting Schweizer (Hughes) 269A, 269A-1, 269B and 269C model Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 269/40. 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, serves to regulate civil aviation safety and efficiency in Australia. This legislation was introduced to address the need for comprehensive oversight and regulation of civil aviation activities within the country. One significant aspect of this Act is its provision for the creation of regulations that ensure the safety of air navigation, which includes the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that mandate the continuing airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Authority (CASA) plays a crucial role in this regulatory framework by issuing ADs based on assessments of information provided by the State of Design and other relevant authorities, ensuring that Australian aircraft meet international safety standards. The Act's policy objective is to maintain and enhance the safety of air navigation through stringent regulatory measures and international cooperation, as exemplified by the cancellation of Australian AD/HU 269/40 for Schweizer (Hughes) helicopters due to the resolution of previously identified unsafe conditions.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 establish the framework for ensuring the safety of air navigation in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. These ADs serve as legislative instruments under the Legislative Instruments Act 2003 and are integral to maintaining the continuing airworthiness of aircraft. The State of Design has the primary responsibility for the airworthiness of an aircraft type, and the State of Registry, in this case CASA, must implement the necessary measures to ensure that Australian-registered aircraft comply with these requirements. The ADs, which are widely adopted by International Civil Aviation Organization Contracting States, act as a critical communication tool between these states to address safety concerns. The legislative scope encompasses all aircraft and aeronautical products within Australia, with the specific application extending to the cancellation of certain ADs when the unsafe conditions they addressed are no longer present, as evidenced by the cancellation of AD/HU 269/40 for Schweizer (Hughes) 269 model helicopters.
Key Provisions
The main sections of relevance in this context are section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations necessary for the safety of air navigation. Under this authority, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument, meaning it is subject to disallowance by either house of Parliament within a specified period. This regulatory framework is designed to ensure that aircraft remain airworthy and safe for operation.
The Act and the Regulations impose significant obligations on CASA and the State of Registry of individual aircraft. CASA, as the national airworthiness authority, must review and assess any airworthiness directives issued by the State of Design, which is responsible for the continuing airworthiness of the aircraft type. If CASA determines that an AD is necessary for Australian-registered aircraft, it must issue a corresponding AD to mandate compliance with the safety requirements. The State of Registry, on the other hand, is responsible for implementing and enforcing the ADs to ensure the continuing airworthiness of the aircraft within its jurisdiction. These obligations are part of a broader framework designed to maintain high safety standards in civil aviation.
Failure to comply with an airworthiness directive can result in both civil and criminal consequences. Civil penalties may be imposed for non-compliance, and in more severe cases, criminal penalties could apply. The exact penalties will depend on the nature and severity of the breach, but they can include fines and imprisonment. For example, under section 245 of the Civil Aviation Act 1988, a person who contravenes an AD can be fined up to $22,200 for a strict liability offence, or $111,000 for an offence involving negligence. For corporations, the fines can be significantly higher, up to $555,000 for a strict liability offence and $2,775,000 for an offence involving negligence. These penalties underscore the importance of adhering to airworthiness directives to ensure the safety of air navigation.