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 269/78 affecting Schweizer (Hughes) 269 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 269/78. 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, is the primary legislation governing civil aviation in Australia. It provides the framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft. One of its key provisions allows the Governor-General to make regulations for the purposes of the Act, with a focus on safety. The Civil Aviation Safety Regulations 1998, made under this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are legislative instruments that mandate safety requirements, aligning with international standards set by the Convention on International Civil Aviation. The issuing and cancellation of ADs, such as AD/HU 269/78 for Schweizer (Hughes) 269 series Helicopters, reflect Australia's commitment to maintaining airworthiness in accordance with international obligations and ensuring the safety of its aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products in accordance with section 98 of the Civil Aviation Act 1988. This regulatory power is exercised in the interests of ensuring the safety of air navigation. The ADs serve as a means for continuing airworthiness information as mandated by Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the airworthiness of an aircraft type, while the State of Registry maintains oversight over the airworthiness of individual aircraft within its jurisdiction. CASA, as Australia's national airworthiness authority, is obligated to assess ADs issued by the State of Design and, where necessary, issue Australian ADs to enforce the corresponding requirements. The legislative framework also recognises ADs as disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003. In specific instances, such as the cancellation of AD/HU 269/78 concerning Schweizer (Hughes) 269 series Helicopters, CASA has determined that no further consultation or Regulatory Impact Statement is required due to the international obligations under the Convention on International Civil Aviation, reflecting the global nature of airworthiness directives.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 concern the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and a legislative instrument under the Legislative Instruments Act 2003. These provisions enable CASA to mandate specific requirements to ensure the continuing airworthiness of aircraft types registered in Australia.
The obligations and requirements imposed by the Act primarily focus on ensuring the safety of air navigation and the continuing airworthiness of aircraft. The State of Design, typically the country where the aircraft is designed, has the responsibility to provide necessary information to ensure the continuing airworthiness of an aircraft type. This information is often communicated through ADs. The State of Registry, which is the country where the aircraft is registered, must adopt or develop requirements to ensure the continuing airworthiness of aircraft on its register. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to enforce the required safety measures.
The Act and the regulations also outline the consequences for non-compliance with ADs. While the explanatory statement does not specify offences or penalties under the Civil Aviation Act 1988 for non-compliance with ADs, failure to adhere to these directives can lead to significant safety risks and potential legal consequences. CASA enforces compliance through various means, including audits and inspections. Persistent non-compliance could result in severe penalties, including fines, suspension or revocation of airworthiness certificates, and other enforcement actions as deemed necessary by CASA to ensure safety.
Given the critical nature of airworthiness directives, there are no civil or criminal consequences explicitly stated in the provided text. However, the overarching intent of the legislation is to protect public safety by ensuring that all aircraft meet stringent airworthiness standards. The legal framework supports CASA’s mandate to enforce compliance rigorously, thereby maintaining the highest safety standards in Australia’s civil aviation sector.