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 269/80 affecting Schweizer (Hughes) 269 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 269/80. 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 comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for safety and efficiency in air navigation. Under this Act, the Governor-General has the authority to make regulations aimed at ensuring the safety of air navigation, and these regulations are intended to align with international standards and practices. One such regulation, the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft and aeronautical products. The ADs are legislative instruments that are essential for maintaining the continuing airworthiness of aircraft in accordance with the Convention on International Civil Aviation. In the case of the AD/HU 269/80 affecting Schweizer (Hughes) 269 series Helicopters, CASA has assessed the AD and decided to cancel it, effective 7 May 2009, as the unsafe condition no longer exists, thus fulfilling Australia's obligations under international conventions without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These regulations, in line with international standards such as Annex 8 to the Convention on International Civil Aviation, mandate that the State of Design has overarching responsibility for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry, including Australia. CASA, as Australia's national airworthiness authority, evaluates this information and, if necessary, issues corresponding Australian ADs to enforce compliance with the safety requirements set by the State of Design. The issuance and cancellation of ADs, such as the recent cancellation of AD/HU 269/80 for Schweizer (Hughes) 269 series Helicopters, are legislative instruments subject to disallowance and legislative scrutiny, reflecting CASA's commitment to maintaining the highest safety standards in civil aviation.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. This provision forms the basis for the subsequent issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulation allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, ensuring that these meet necessary safety standards. Notably, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations on CASA and other entities are significant. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, as stipulated under Annex 8 to the Convention on International Civil Aviation. This includes providing any necessary information to ensure that the aircraft type remains airworthy. The State of Registry, on the other hand, is responsible for the continuing airworthiness of individual aircraft, which involves developing or adopting requirements to maintain airworthiness standards. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
Breaching the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various penalties and consequences. Although specific offences and their penalties are not detailed in the provided text, it is implied that non-compliance with airworthiness directives or failure to meet safety standards could lead to enforcement actions. The severity of these actions could range from administrative penalties to more serious legal consequences, depending on the nature and extent of the breach. The Civil Aviation Safety Regulations 1998, and by extension, the ADs issued under them, are designed to ensure that all parties adhere to the highest safety standards to protect the public and maintain the integrity of air navigation systems.