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 269/59 affecting Schweizer (Hughes) 269C model Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 269/59. 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, addresses the need for a comprehensive regulatory framework to ensure the safety of air navigation in Australia. The Act empowers the Governor-General to make regulations that promote the safety of air navigation, and under the Act, the Civil Aviation Safety Regulations 1998 were established. These regulations permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft and aeronautical products. ADs are critical legislative instruments designed to ensure the continuing airworthiness of aircraft, and they align with Australia’s obligations under the Convention on International Civil Aviation. In the specific case of AD/HU 269/59, which affected Schweizer (Hughes) 269C model helicopters, CASA has cancelled this directive as the unsafe condition it was intended to address no longer exists, effective from 7 May 2009. Given that the cancellation was necessitated by international obligations and does not require public consultation or a Regulatory Impact Statement, CASA proceeded with the cancellation in accordance with the Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, establish the framework within which the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs). These directives apply to specific types of aircraft or aeronautical products and serve to ensure the safety of air navigation as mandated by the Act. ADs are considered legislative instruments and are issued to maintain the continuing airworthiness of aircraft registered in Australia. The State of Design holds primary responsibility for the airworthiness of a particular aircraft type and must provide necessary information to ensure ongoing compliance, with CASA acting as the national airworthiness authority for Australia. In the specific case of AD/HU 269/59, which affected Schweizer (Hughes) 269C model Helicopters, CASA assessed the directive and subsequently cancelled it due to the resolution of the unsafe condition identified, effective from 7 May 2009. This cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, and no replacement AD is required. Given the nature of these directives, they do not require consultation with the Australian public, nor do they necessitate a Regulatory Impact Statement. The cancellation of the AD was made by the Manager Systems and New Technologies within CASA's Airworthiness Engineering Group, in accordance with the legislative provisions.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that serve the interests of air navigation safety. The Civil Aviation Safety Regulations 1998 (regulation 39.001) further establish that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific aircraft or aeronautical products. These ADs are legislative instruments (subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998), as defined by the Legislative Instruments Act 2003. Under Annex 8 of the Convention on International Civil Aviation, the State of Design holds responsibility for the continuing airworthiness of an aircraft type, including the provision of necessary information to the States of Registry. Consequently, when a State of Design issues an AD, the State of Registry, such as CASA in Australia, must review and, if appropriate, issue an Australian AD to enforce the design state's requirements.
The obligations of the parties governed by the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 include ensuring the continuing airworthiness of aircraft as per the State of Design and State of Registry requirements. Specifically, CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. This process involves a thorough evaluation to confirm that the ADs effectively address safety concerns and mandate appropriate measures. Furthermore, the State of Registry is obligated to implement and enforce these ADs, ensuring that all aircraft within its jurisdiction comply with the prescribed airworthiness standards.
Failure to comply with the ADs or any other regulations stipulated under the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 can lead to various consequences. While the specific penalties for non-compliance are not detailed in the provided text, it is common for such breaches to incur civil or criminal penalties. For instance, under the Civil Aviation Act 1988, violations can result in fines or imprisonment, depending on the severity of the breach. Additionally, non-compliance with ADs can lead to the grounding of aircraft, further legal actions, and potential damage to an operator's reputation. The exact penalties, including maximum fines and imprisonment terms, are typically outlined in the specific regulations or subsequent legislative instruments.