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 369/20 affecting McDonnell Douglas (Hughes) 369 series helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 369/20. 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 regulate and ensure the safety and efficiency of civil aviation in Australia. The Act provides the legislative framework for the management and oversight of air navigation safety, including the issuance of airworthiness directives to ensure that aircraft and aeronautical products meet safety standards. In line with international obligations under the Convention on International Civil Aviation, the Act mandates that the State of Registry, in this case, the Civil Aviation Safety Authority (CASA), must ensure the continuing airworthiness of aircraft registered in Australia. The Civil Aviation Safety Regulations 1998 further detail the regulatory processes, including the authority to issue airworthiness directives. The explanatory statement outlines the cancellation of Australian AD/HU 369/20 concerning McDonnell Douglas (Hughes) 369 series helicopters, reflecting the fulfilment of Australia's obligations under international conventions and the consequent cessation of the unsafe condition that previously necessitated the directive.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, as amended, govern the issuing of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority. These regulations apply to all aircraft registered in Australia, irrespective of the aircraft type or the operator, and align with the international obligations under the Convention on International Civil Aviation. The scope of these regulations includes the assessment and implementation of ADs issued by the State of Design or any other contracting state that may affect aircraft on the Australian Register. The ADs mandate specific requirements to ensure the continuing airworthiness of aircraft, and CASA is tasked with the responsibility of issuing corresponding Australian ADs when necessary. This process ensures that Australian-registered aircraft meet the safety standards stipulated by international and domestic regulations. Any ADs issued or cancelled by CASA, such as the cancellation of Australian AD/HU 369/20 for McDonnell Douglas (Hughes) 369 series helicopters, are made in accordance with the legislative framework provided by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. These regulations also outline the procedure for the disallowance of ADs and their classification as legislative instruments.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 lay down the framework for ensuring the safety and airworthiness of aircraft within Australia. Section 98 of the Act allows the Governor-General to make regulations for the purposes of the Act, with the paramount consideration being the safety of air navigation (section 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products (regulation 39.001). Subregulation 39.001(5) further clarifies that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments in their own right (subregulation 39.001(5)).
The obligations imposed by this regulatory framework are significant. The State of Design, which is the country where an aircraft type is designed, has the primary responsibility for ensuring the continuing airworthiness of that aircraft type (Annex 8, Convention on International Civil Aviation). This includes providing necessary information to the States of Registry, which are the countries where individual aircraft are registered. For Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to enforce the required safety measures (Annex 8). For example, in the case of the McDonnell Douglas (Hughes) 369 series helicopters, CASA issued and subsequently cancelled Australian AD/HU 369/20 after determining that the unsafe condition no longer existed.
Failure to comply with the requirements set forth by the ADs can lead to various consequences. The specific offences and penalties are not detailed within the provided text, but generally, non-compliance with ADs can result in civil or criminal penalties. These can include fines, imprisonment, or both, depending on the severity of the breach and the specific regulations violated. The exact penalties would be governed by the broader legal framework under which the Civil Aviation Act 1988 operates, including other relevant Commonwealth and State laws.
The process of issuing and cancelling ADs is also regulated. For instance, AD/HU 369/20 was cancelled by CASA on 7 May 2009 because the unsafe condition it was addressing no longer existed. This decision was made in accordance with Australia's obligations under the Convention on International Civil Aviation and did not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD was issued by the Manager Systems and New Technologies within CASA's Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Act.