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 269/89 affecting Schweizer (Hughes) 269 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 269/89. 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 to regulate civil aviation within Australia, includes provisions for the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This authority stems from the overarching need to ensure the safety of air navigation as per section 98 of the Act. The objective of issuing such directives is to maintain the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation, particularly Annex 8. This legislative framework ensures that the State of Registry, in this case CASA, is responsible for implementing and enforcing airworthiness directives, which are critical for maintaining safety standards. The issuance and subsequent cancellation of AD/HU 269/89 for Schweizer (Hughes) 269 series Helicopters exemplifies the practical application of these provisions, demonstrating how CASA responds to international obligations and safety assessments.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs) in Australia, which apply to aircraft and aeronautical products to ensure their continued airworthiness and safety in accordance with international standards. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs, which are legislative instruments subject to disallowance. These directives are issued in response to safety concerns identified by the State of Design or other contracting states under Annex 8 of the Convention on International Civil Aviation. The State of Registry, which in Australia is CASA, must ensure that these directives are appropriately assessed and implemented. The ADs are specific to the types of aircraft registered in Australia and are designed to address any unsafe conditions identified. The AD/HU 269/89 concerning Schweizer (Hughes) 269 series Helicopters, previously issued by CASA, has been cancelled effective from 7 May 2009, due to the resolution of the unsafe condition, thus eliminating the need for a replacement AD. Given the international nature of airworthiness directives, no public consultation or Regulatory Impact Statement was required for this cancellation.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. This authority stems from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation. An AD is a disallowable instrument, as per subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 and section 46A of the Acts Interpretation Act 1901, and it is considered a legislative instrument under the Legislative Instruments Act 2003.
The obligations imposed by this Act on the relevant parties are primarily centred on ensuring the continuing airworthiness of aircraft. The State of Design, which is the country where an aircraft type is designed, has the primary responsibility under Annex 8 to the Convention on International Civil Aviation for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, which is the country where an aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. CASA, as Australia's national airworthiness authority, must assess any AD issued by a State of Design that affects aircraft on the Australian Register and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
In the specific case of AD/HU 269/89 affecting Schweizer (Hughes) 269 series helicopters, CASA assessed the AD and subsequently cancelled it, effective 7 May 2009. This cancellation was due to the unsafe condition no longer existing, and no replacement AD is required. Given that this AD cancellation is a result of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public or Regulatory Impact Statement was necessary. The AD was 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 Civil Aviation Act 1988.
For any breaches of the requirements set forth by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, including failure to comply with an AD, there may be significant civil or criminal consequences. Such breaches can result in fines or imprisonment, with penalties varying depending on the severity and nature of the breach. The exact penalties are determined by the courts, but they can include substantial financial penalties and imprisonment terms as outlined in the relevant sections of the Civil Aviation Act 1988.