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 269/87 affecting Schweizer (Hughes) 269 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 269/87. 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 legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, including the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments under the Legislative Instruments Act 2003 and serve as the primary means for ensuring the continuing airworthiness of aircraft types, aligning with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), acting as Australia’s national airworthiness authority, is tasked with assessing information from the State of Design and, if necessary, issuing Australian ADs to mandate safety requirements. The recent cancellation of AD/HU 269/87 affecting Schweizer (Hughes) 269 series Helicopters, effective from 7 May 2009, was carried out by CASA following an assessment that the unsafe condition no longer exists, thus no replacement AD is required. This action adheres to Australia’s obligations under the Convention and was made without public consultation as per the Office of Best Practice Regulation’s determination that ADs do not necessitate a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) pertaining to specific types of aircraft or aeronautical products. These directives are integral to maintaining the safety and airworthiness of aircraft registered in Australia, aligning with the obligations under Annex 8 to the Convention on International Civil Aviation. The ADs serve as critical tools for ensuring that the design and operational standards of aircraft meet safety requirements. The issuance of such directives is mandated by the Civil Aviation Act 1988, which delegates authority to the Governor-General to create regulations for air navigation safety. Notably, these directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are managed in accordance with the provisions of the Legislative Instruments Act 2003. The ADs are essential for the State of Registry to ensure the continuing airworthiness of aircraft, particularly when a State of Design issues a directive that affects aircraft registered in Australia. CASA, as Australia's national airworthiness authority, evaluates this information and, if necessary, issues an Australian AD to enforce the safety requirements set forth by the State of Design.
Key Provisions
The main operative sections of this regulation concern the issuance of airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. These sections empower the Governor-General to make regulations for air navigation safety and allow the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this Act primarily concern the continuing airworthiness of aircraft. The State of Design holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft registered in Australia comply with necessary safety standards.
Breaching the requirements set out by these ADs can result in serious consequences. Non-compliance with an AD can lead to significant safety risks, and CASA may take enforcement actions against operators or individuals who fail to comply with the mandated requirements. While specific offences and penalties are not detailed in this regulation, general aviation regulations provide for both civil and criminal penalties. For example, under section 36 of the Civil Aviation Act 1988, a person who contravenes an AD can be subject to fines up to $21,600 for individuals and $108,000 for corporations. Additionally, CASA can suspend or revoke an aircraft operator certificate or pilot licence if they find non-compliance with ADs, which can have severe operational and legal repercussions.