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 369/30 affecting McDonnell Douglas (Hughes) 369 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 369/30. The cancellation will become effective on 4 June 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 civil aviation in Australia, providing a framework for ensuring the safety and efficiency of air navigation. In line with this overarching objective, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products registered in Australia. These ADs are legislative instruments that must adhere to the requirements of the Legislative Instruments Act 2003. The policy objective underpinning these regulations is to ensure the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for providing necessary information to maintain airworthiness, while the State of Registry is responsible for implementing these requirements. CASA, as Australia's national airworthiness authority, must assess foreign ADs and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, operating within the framework of the Civil Aviation Act 1988. These directives are intended to ensure the ongoing airworthiness of aircraft, in alignment with international standards established under Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type and requires it to provide necessary information to States of Registry. In Australia, CASA, as the national airworthiness authority, assumes the role of the State of Registry, mandating the requirements of the State of Design through Australian ADs when necessary. The geographic scope of these regulations extends to all aircraft registered in Australia, ensuring compliance with national and international safety standards. The legislative framework also allows for the issuance of ADs as disallowable instruments under the Acts Interpretation Act 1901, with their cancellation and implementation managed by CASA in accordance with the legislative mandates.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are foundational pieces of legislation that govern the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that are essential for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
Obligations imposed by these regulations are significant for the parties involved. The State of Design, which is the country where the aircraft is designed, has the primary responsibility for the continuing airworthiness of an aircraft type. This includes providing necessary information to ensure the airworthiness of the aircraft to the States of Registry, which are the countries where the aircraft are registered. CASA, as Australia's national airworthiness authority, must review the information provided by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements. This ensures that the safety standards set by the State of Design are implemented in Australia.
Failure to comply with an AD can result in serious legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, potentially leading to civil or criminal penalties. The specific penalties depend on the severity of the breach and the discretion of the court. Civil penalties can include fines, while criminal penalties may involve imprisonment, reflecting the seriousness of compromising aviation safety. The exact penalties are not specified in the text but are determined based on the nature and impact of the breach.
In the case of AD/HU 369/30, which affected McDonnell Douglas (Hughes) 369 series Helicopters, CASA assessed the directive and determined that it was no longer necessary because the unsafe condition it addressed had been resolved. Consequently, CASA cancelled this AD, effective from 4 June 2009, without the need for a replacement. This action aligns with Australia’s obligations under the Convention on International Civil Aviation and does 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 the Act's provisions.