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 369/1 Amendment 16 affecting McDonnell Douglas (Hughes) 369 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 369/1 Amendment 16. 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, Airframe and Structures, 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 Parliament of Australia, is fundamental in governing the safety aspects of civil aviation within the country. This legislation, through its provisions and subsequent regulations, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft. One such regulation, the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which serve as crucial tools in maintaining the safety standards of aircraft types registered in Australia. These directives, which are legislative instruments, are often issued in response to safety concerns identified by the State of Design or State of Registry, aligning with international obligations under the Convention on International Civil Aviation. The 1988 Act provides a legislative framework that allows for the dynamic adaptation of safety measures, ensuring that Australian aviation remains compliant with international safety standards and effectively mitigates any identified risks.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) in Australia, which are legislative instruments created to ensure the safety of air navigation. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products, thereby enforcing requirements for their continuing airworthiness. This responsibility falls under the purview of CASA as the national airworthiness authority, which must align with the obligations of the State of Design as per Annex 8 of the Convention on International Civil Aviation. The application of these regulations is broad, extending to any person or entity operating aircraft registered in Australia, including operators, maintenance providers, and aircraft manufacturers. The geographic scope is national, as CASA oversees all aircraft registered within Australian territory, ensuring compliance with both domestic and international safety standards. The regulations do not provide specific exclusions or exemptions, though the issuance of ADs is typically triggered by identified safety concerns that necessitate corrective action. The ADs are subject to disallowance under the Acts Interpretation Act 1901, and their creation is overseen by the Manager, Airframe and Structures, within CASA's Airworthiness Engineering Group.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations specifically empowers CASA to issue ADs for types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a legislative instrument that is disallowable under the Acts Interpretation Act 1901 and subject to the requirements of the Legislative Instruments Act 2003. This means that ADs have legal force and are subject to scrutiny and potential disallowance by Parliament.
The obligations imposed by the Act and the Regulations require CASA to assess any AD issued by the State of Design of an aircraft, and to issue a corresponding Australian AD if it deems it necessary to ensure the continuing airworthiness of the aircraft on the Australian Register. The State of Design is responsible for the continuing airworthiness of an aircraft type, and must provide necessary information to ensure this, while the State of Registry, in this case Australia, is responsible for the continuing airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, must ensure that the requirements of the State of Design are appropriately enforced through the issuance of Australian ADs.
Failure to comply with the requirements of an AD can result in civil and criminal penalties under the Civil Aviation Act 1988 and other applicable laws. In particular, section 21 of the Act makes it an offence to operate an aircraft that does not comply with an AD, and this offence carries a maximum penalty of 200 penalty units for an individual and 10,000 penalty units for a body corporate. In addition, CASA may take enforcement action against operators who fail to comply with ADs, which may include the suspension or revocation of an aircraft's certificate of airworthiness. The seriousness of these consequences underscores the importance of compliance with ADs and the role they play in ensuring the safety of air navigation.