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 269/50 Amendment 1 affecting Schweizer (Hughes) 269 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 269/50 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, Airframe and Structures, 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 Parliament of Australia, is designed to govern all aspects of civil aviation within the country, ensuring the safety and efficiency of air navigation. One key aspect of this Act is its provision for the regulation of airworthiness, particularly through the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998, are intended to address and mitigate potential safety issues with aircraft or aeronautical products. The authority to issue these directives is rooted in the Act's mandate for safety in air navigation and aligns with international obligations under the Convention on International Civil Aviation. The policy objective is to maintain high safety standards by ensuring that any identified risks to aircraft airworthiness are promptly addressed and rectified, thereby protecting public safety and maintaining the integrity of Australia's civil aviation system.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments as per subregulation 39.001(5) and the Acts Interpretation Act 1901. The Civil Aviation Act 1988 enables the Governor-General to create such regulations to ensure air navigation safety. This Act and its associated regulations apply to entities involved in the aviation industry, including aircraft manufacturers, operators, and maintenance organisations. Geographically, the Act and its regulations have a national reach within Australia. The application of these regulations can be extended or restricted through subordinate instruments. It is important to note that ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The scope of this legislation ensures that all parties involved in the aviation industry adhere to the necessary safety standards for airworthiness.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the purposes of the Act, including the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives, which are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003, serve as crucial tools for maintaining the continuing airworthiness of aircraft.
The obligations imposed by these provisions on the relevant parties are significant. The State of Design, which is responsible for the continuing airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation, must provide necessary information to ensure the continuing airworthiness of a type to appropriate States of Registry. Similarly, the State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft and must develop or adopt requirements to this end. When the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that Australian-registered aircraft meet international safety standards.
Failure to comply with the requirements set out in the ADs can lead to significant consequences. The Civil Aviation Act 1988 and associated regulations may impose penalties for breaches of airworthiness directives, although specific penalties are not detailed within this particular legislative instrument. Such penalties could encompass both civil and criminal sanctions, reflecting the gravity of non-compliance with safety standards. The severity of penalties may vary depending on the nature and extent of the breach, with potential outcomes including fines, imprisonment, or other administrative measures designed to enforce compliance and ensure the safety of air navigation.
The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 do not require consultation with the Australian public or a Regulatory Impact Statement for ADs, as determined by the Office of Best Practice Regulation. This reflects the urgent and critical nature of airworthiness directives, which are intended to address safety issues promptly. The Manager, Airframe and Structures, in the Airworthiness Engineering Group, issues these directives on behalf of CASA in accordance with the relevant provisions of the Act, ensuring that safety measures are implemented effectively and efficiently.