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 369/33 Amendment 1 affecting McDonnell Douglas (Hughes) 369 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 369/33 Amendment 1. 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, 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 by the Parliament of Australia, addresses the regulation of civil aviation within Australia with a primary focus on ensuring the safety of air navigation. This legislative framework empowers the Governor-General to make regulations conducive to the safety of air navigation, thus enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives serve as legislative instruments, crucial for maintaining the continuing airworthiness of aircraft types and aeronautical products as mandated by Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, has the responsibility to assess and implement such directives issued by the State of Design, ensuring they align with Australia’s regulatory requirements. The cancellation of AD/HU 369/33 Amendment 1 concerning McDonnell Douglas (Hughes) 369 series Helicopters exemplifies CASA’s commitment to safety, reflecting Australia's adherence to international standards while fulfilling its domestic obligations.
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 certain kinds of aircraft or aeronautical products, with these directives being legislative instruments subject to disallowance under the Acts Interpretation Act 1901. This regulatory framework applies to all entities and individuals involved in the aviation industry within Australia, including aircraft operators, manufacturers, and maintenance providers. Geographically, the application of these regulations is national, extending across the Commonwealth of Australia as per the Civil Aviation Act 1988. The authority to issue ADs is exercised in line with Australia's commitments under the Convention on International Civil Aviation, particularly Annex 8, which delineates the responsibilities of the State of Design and the State of Registry concerning the continuing airworthiness of aircraft. No public consultation is mandated for the issuance or cancellation of ADs, as determined by the Office of Best Practice Regulation, which also found that such directives do not require a Regulatory Impact Statement. The specific AD/HU 369/33 Amendment 1, affecting McDonnell Douglas (Hughes) 369 series Helicopters, was cancelled by CASA due to the resolution of the unsafe condition it was intended to address, with no replacement AD being necessary.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General can make regulations to ensure the safety of air navigation, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is treated as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require the State of Design to maintain the continuing airworthiness of an aircraft type and provide necessary information to the State of Registry, which in turn must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When an AD is issued by a State of Design, CASA, as Australia's national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. This ensures compliance with Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of States regarding the airworthiness of aircraft.
In relation to specific aircraft, such as the McDonnell Douglas (Hughes) 369 series Helicopters, CASA has the authority to cancel an existing AD if the unsafe condition it addresses no longer exists. In this instance, AD/HU 369/33 Amendment 1 was cancelled by CASA, effective from 4 June 2009, as the unsafe condition no longer applied. Given Australia’s obligations under the Convention on International Civil Aviation, no public consultation was required for this cancellation. Moreover, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The consequences of non-compliance with ADs can be severe, both civilly and criminally. Failure to adhere to an AD can result in significant penalties, including fines and imprisonment, depending on the severity of the non-compliance and the specific provisions of the AD. CASA enforces these regulations rigorously to ensure the safety of air navigation and the public.