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 369/22 Amendment 1 affecting McDonnell Douglas (Hughes) 369 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 369/22 Amendment 1. 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 to establish a legal framework ensuring the safety and efficiency of civil aviation in Australia, allows the Governor-General to make regulations for the Act’s purposes and in the interest of air navigation safety. This legislation empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments, essential for maintaining the continuing airworthiness of aircraft as stipulated by the Convention on International Civil Aviation. The State of Design holds primary responsibility for ensuring the airworthiness of aircraft types, while the State of Registry, such as CASA in Australia, must adopt or develop requirements to ensure the ongoing safety of individual aircraft. The Civil Aviation Safety Authority or its predecessors issued an AD affecting McDonnell Douglas (Hughes) 369 series Helicopters, which has since been cancelled by CASA, effective from 7 May 2009, due to the resolution of the unsafe condition identified.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legislative framework for ensuring the safety of air navigation in Australia. Under this Act, the Governor-General has the authority to make regulations for air safety, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. These ADs are legislative instruments, subject to disallowance and regulation impact considerations. The ADs are intended to address ongoing airworthiness concerns as per international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for continuing airworthiness to the State of Design and the State of Registry of an aircraft. CASA, as Australia's national airworthiness authority, must evaluate any ADs issued by the State of Design and may issue corresponding Australian ADs to enforce the necessary safety measures. This framework ensures that all stakeholders, including aircraft operators and manufacturers, comply with the safety standards, thereby protecting public safety and maintaining the integrity of Australia's aviation system.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail these provisions, notably through regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are essential tools for maintaining the continuing airworthiness of aircraft and ensuring public safety. According to subregulation 39.001(5), ADs are considered disallowable instruments, as per section 46A of the Acts Interpretation Act 1901, and they are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant. The State of Design, which is the country where the aircraft was designed, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type. This includes providing necessary information to the States of Registry, which are the countries where the aircraft are registered. The State of Registry must adopt or develop its own requirements to maintain the airworthiness of aircraft registered within its jurisdiction. For Australian registered aircraft, CASA acts as the national airworthiness authority and must evaluate any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to enforce the required safety measures.
In terms of compliance and enforcement, any breach of the requirements set out in the ADs can lead to severe consequences. While specific penalties are not detailed within the provided text, the overarching regulations and the nature of ADs imply that non-compliance could result in both civil and criminal penalties. These may include fines, imprisonment, or other regulatory actions taken by CASA to ensure adherence to safety standards. Given the critical nature of maintaining aircraft airworthiness, the potential consequences underscore the importance of strict compliance with ADs.
The Civil Aviation Safety Authority recently issued and subsequently cancelled AD/HU 369/22 Amendment 1, which pertained to McDonnell Douglas (Hughes) 369 series Helicopters. The cancellation, effective from 7 May 2009, was made because the unsafe condition identified in the original AD no longer existed, thus rendering the directive unnecessary. This action aligns with Australia’s obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required as per the Office of Best Practice Regulation's determination. The AD was 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.