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 369/10 affecting McDonnell Douglas (Hughes) 369 series helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 369/10. 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 framework for the regulation of civil aviation in Australia, with a particular emphasis on safety. This Act empowers the Governor-General to make regulations that are essential for the safety of air navigation. One significant aspect of the Act is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which are legislative instruments that address continuing airworthiness issues for aircraft or aeronautical products. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, is responsible for assessing and issuing ADs that align with international standards set by the International Civil Aviation Organization (ICAO). The Act ensures that Australia meets its obligations under the Convention on International Civil Aviation by enabling CASA to mandate necessary safety measures to maintain the airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, mandated by Annex 8 to the Convention on International Civil Aviation. The ADs are crucial in maintaining the continuing airworthiness of aircraft, with the State of Design having primary responsibility for providing necessary information, while the State of Registry, in this case CASA, must ensure these requirements are implemented and enforced. This regulation applies to all aircraft registered in Australia and any aeronautical products used in civil aviation within the country. The issuance and enforcement of ADs are integral to upholding safety standards, and their cancellation, such as the AD/HU 369/10 for McDonnell Douglas (Hughes) 369 series helicopters, is carried out in accordance with international obligations and internal assessments by CASA, without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for airworthiness directives (ADs) as detailed in regulation 39.001, with specific mention of subregulation 39.001(5) indicating that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and thus a legislative instrument. The authority to issue these directives is vested in the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation, as stipulated in section 98 of the Civil Aviation Act 1988. These ADs serve as a primary mechanism for continuing airworthiness information for aircraft types, aligning with Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as having overarching responsibility for an aircraft type's continuing airworthiness.
Entities governed by these provisions must adhere to several obligations. The State of Design, as defined by Annex 8, has the responsibility to provide necessary information to ensure the continuing airworthiness of an aircraft type and must issue ADs when required. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia's national airworthiness authority, must evaluate ADs issued by States of Design and, if deemed appropriate, issue corresponding Australian ADs. This process ensures that Australian-registered aircraft meet the necessary safety standards and comply with international conventions.
Failure to comply with the requirements set forth in ADs may result in various civil and criminal consequences. While the specific penalties are not detailed in the text, it is implied that non-compliance could lead to enforcement actions by CASA, potentially including fines or other regulatory penalties. Given that ADs are legislative instruments, their violation could also carry specific legal consequences as outlined in the applicable acts and regulations. It is important for the entities governed by these provisions to understand and adhere to the ADs to avoid potential enforcement actions and maintain the safety of air navigation.
In the specific case of AD/HU 369/10 affecting McDonnell Douglas (Hughes) 369 series helicopters, CASA assessed the AD issued by the State of Design and determined that the unsafe condition no longer existed. Consequently, CASA cancelled the Australian AD/HU 369/10, effective from 7 May 2009. This action was taken in alignment with Australia’s obligations under the Convention on International Civil Aviation, and no public consultation was necessary. Furthermore, the Office of Best Practice Regulation determined that ADs do not require a Regulatory Impact Statement. The cancellation 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 Act.