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 269/41 affecting Schweizer (Hughes) 269 series Helicopters incorporating Kit No. M10044 (SIN No. 76.2). CASA has assessed this AD and as a result has cancelled Australian AD/HU 269/41. 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 Commonwealth Parliament, provides the legislative foundation for regulating civil aviation in Australia, with the primary aim of ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs as part of Australia’s obligations under international aviation conventions. The ADs serve as a critical mechanism for states to communicate and enforce continuing airworthiness requirements for aircraft types. In this instance, CASA has cancelled an AD for Schweizer (Hughes) 269 series helicopters due to the resolution of an unsafe condition, reflecting the dynamic nature of regulatory measures in response to international obligations and safety assessments.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under section 98 of the Civil Aviation Act 1988, provide authority for the issuance of airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue such directives, which serve as legislative instruments in accordance with the Legislative Instruments Act 2003. The ADs are intended to ensure the continuing airworthiness of aircraft and are mandated by Australia’s obligations under Annex 8 to the Convention on International Civil Aviation. Specifically, the State of Design of an aircraft type has the primary responsibility for continuing airworthiness, while the State of Registry, in this case CASA, must implement or adopt requirements to maintain airworthiness for aircraft registered within its jurisdiction. The ADs are a common practice among ICAO Contracting States, and CASA’s role includes assessing foreign ADs and issuing corresponding Australian ADs as necessary. The process for AD issuance and cancellation, such as the recent cancellation of AD/HU 269/41 for Schweizer (Hughes) 269 series Helicopters, reflects the dynamic nature of aviation safety standards and the importance of international cooperation in maintaining global aviation safety.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning particular types of aircraft or aeronautical products. This regulatory power is exercised under section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to create regulations for the Act, with the overarching goal of ensuring the safety of air navigation. According to subregulation 39.001(5), ADs are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and therefore, they are legislative instruments under the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 primarily rest with CASA and other relevant authorities, including the State of Design and the State of Registry of an aircraft. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation, and must provide any necessary information to ensure that the aircraft type meets continuing airworthiness standards. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. CASA, as Australia's national airworthiness authority, is mandated to assess any AD issued by the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with ADs may result in significant civil and criminal consequences. Under the Civil Aviation Act 1988, an AD is a legislative instrument, and non-compliance can lead to legal action. While the specific penalties for non-compliance with ADs are not detailed within the provided text, it is reasonable to infer that the penalties can include fines, imprisonment, or both, depending on the severity of the non-compliance and the discretion of the court. CASA, as the regulatory authority, has the power to enforce these directives and may take action against individuals or entities that fail to comply with the mandated airworthiness requirements.
Additionally, under the Legislative Instruments Act 2003, ADs that are issued must be assessed and approved in accordance with established legislative processes. This ensures that ADs are properly vetted and aligned with safety standards and regulatory frameworks. Any AD issued by CASA must adhere to the requirements set out in the Civil Aviation Safety Regulations 1998 and must be made in good faith by an authorised official, such as the Manager Systems and New Technologies within the Airworthiness Engineering Group, as per subsection 84A(2) of the Act. In summary, the ADs play a critical role in maintaining the safety and airworthiness of aircraft in Australia, with stringent obligations and potential penalties for non-compliance.