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 US FAA has issued AD 2008-20-05 affecting MD Helicopters model 600N helicopters. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/HU 369/108 Amendment 3, which will become effective on 12 February 2009. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. 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, Airframes & 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 was enacted to establish a comprehensive legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of the industry. Under this Act, the Governor-General has the authority to make regulations for the purposes of the Act, with a particular emphasis on air navigation safety. The Act allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. This legislative mechanism is essential for maintaining the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. In this context, the issuing of ADs, such as the Australian AD/HU 369/108 Amendment 3 for MD Helicopters model 600N helicopters, reflects CASA's role in ensuring compliance with international standards and mandates set by the State of Design. Given the international nature of aviation and the obligations under the Convention, no public consultation was deemed necessary for this specific AD, and it has been determined that a Regulatory Impact Statement is not required.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are integral to maintaining the safety of air navigation as mandated by section 98 of the Civil Aviation Act 1988. Such ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are legislative instruments as per the Legislative Instruments Act 2003. The application of these ADs is governed by international standards, notably Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for the continuing airworthiness of an aircraft type to the State of Design. CASA, as Australia’s national airworthiness authority, must assess the airworthiness information from the State of Design and, if necessary, issue corresponding Australian ADs. For instance, in response to the US Federal Aviation Administration’s AD 2008-20-05 concerning MD Helicopters model 600N, CASA issued Australian AD/HU 369/108 Amendment 3, effective from 12 February 2009. This directive replaces the previous version and is made in accordance with the Act without public consultation, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to enact regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Section 6 of the Legislative Instruments Act 2003 classifies these ADs as legislative instruments. According to subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by this legislation include a responsibility on the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to States of Registry. Under Annex 8 to the Convention on International Civil Aviation, the State of Design must provide any information needed to ensure the continuing airworthiness of an aircraft type to appropriate States of Registry. The State of Registry, in turn, is tasked with developing or adopting requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with an airworthiness directive can result in serious legal consequences. Under the Civil Aviation Act 1988, operating an aircraft in contravention of an AD can be considered an offence. The specific penalties for such breaches are determined by the severity of the offence and can include substantial fines and, in some cases, imprisonment. The exact maximum penalties are specified in the relevant sections of the Civil Aviation Act 1988 and may vary based on the specific circumstances of the breach. It is important to note that the ADs do not require consultation with the Australian public and are not subject to a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD in question, AD/HU 369/108 Amendment 3, was made by the Manager, Airframes & Structures in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Act.