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 269/49 affecting Schweizer (Hughes) 269 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 269/49. 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Under the authority granted by section 98 of the Act, the Governor-General can make regulations to further this objective, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables CASA to issue ADs for specific types of aircraft or aeronautical products. These directives are integral to maintaining the continuing airworthiness of aircraft, a responsibility that falls under the purview of the State of Registry, in this case CASA. The legislative process for ADs involves adherence to the legislative instruments framework, as stipulated by the Legislative Instruments Act 2003, and aligns with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which delineates the responsibilities of the State of Design and the State of Registry in ensuring aircraft safety. The recent cancellation of AD/HU 269/49, which affected Schweizer (Hughes) 269 series helicopters, exemplifies CASA's commitment to responding to international directives and ensuring the safety of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of aircraft within Australian jurisdiction. Under these regulations, CASA is empowered to issue ADs for specific types of aircraft or aeronautical products to address safety concerns. Such directives are legislative instruments and are subject to disallowance as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuance of these ADs aligns with the obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for the continuing airworthiness of an aircraft type and must share necessary information with States of Registry. In Australia, CASA, as the national airworthiness authority, plays a crucial role in assessing and, if necessary, issuing ADs based on the information provided by the State of Design. The scope of these directives applies to the aircraft registered within Australia, and the responsibility for ensuring their continuing airworthiness falls on the State of Registry. The application of these regulations is national in scope, covering all aircraft registered within Australia and ensuring compliance with international safety standards.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to create regulations that serve the Act's objectives, particularly focusing on the safety of air navigation. Under this framework, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003. This legal classification underscores their significance and the authority behind them.
The obligations imposed by the ADs primarily rest on the State of Design, which is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to ensure safety. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the aircraft's ongoing airworthiness. CASA, as Australia's national airworthiness authority, must evaluate any ADs issued by the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements. This collaborative approach ensures that safety standards are uniformly applied and maintained across all aircraft registered in Australia.
In the case of AD/HU 269/49 affecting Schweizer (Hughes) 269 series Helicopters, CASA assessed the AD and decided to cancel it, effective from 7 May 2009. This cancellation was due to the resolution of the unsafe condition that initially prompted the AD. Since the cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, no consultation with the public was necessary. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, streamlining the process of issuing and cancelling such directives. The Manager Systems and New Technologies, in the Airworthiness Engineering Group, made this AD on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The consequences of non-compliance with ADs are severe. Operators found to be in violation of an AD may face significant penalties, both civil and criminal, depending on the severity of the breach. Civil penalties can include substantial fines, while criminal penalties may involve imprisonment. The exact penalties are determined based on the specific nature of the breach and the regulatory framework in place at the time of the offence. Ensuring adherence to ADs is critical for maintaining the safety and integrity of Australia's civil aviation system.