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 369/39 affecting McDonnell Douglas (Hughes) 369 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 369/39. 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, was introduced to provide a legislative framework for the regulation of civil aviation within Australia, ensuring the safety and efficiency of air navigation. The Act grants the Governor-General the authority to make regulations necessary for the safety of air navigation. Complementing this, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments that ensure the ongoing airworthiness of aircraft and aeronautical products. Under the Convention on International Civil Aviation, the State of Design has a responsibility to provide information to ensure the continuing airworthiness of an aircraft type, and the State of Registry must ensure the continuing airworthiness of individual aircraft. CASA, acting as Australia’s national airworthiness authority, must assess this information and issue appropriate directives to comply with international obligations. In accordance with these regulatory frameworks, CASA has assessed and subsequently cancelled an existing airworthiness directive concerning McDonnell Douglas (Hughes) 369 series Helicopters, effective from 4 June 2009, due to the cessation of the unsafe condition previously identified.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments designed to ensure the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation, specifically under Annex 8. The State of Design holds primary responsibility for the airworthiness of an aircraft type and must provide necessary information to ensure its continued airworthiness, while the State of Registry must implement and enforce these requirements. In Australia, CASA, as the national airworthiness authority, assesses any airworthiness directives issued by States of Design and may issue corresponding Australian ADs as necessary. The AD/HU 369/39 for McDonnell Douglas (Hughes) 369 series Helicopters, issued by CASA, has been cancelled effective 4 June 2009, as the unsafe condition it addressed no longer exists, and no replacement AD is required. This cancellation reflects Australia's commitment to international obligations and follows the statutory process without public consultation or a Regulatory Impact Statement, as deemed appropriate by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
These ADs are integral for ensuring the continuing airworthiness of aircraft. The State of Design, which is the country where the aircraft type is designed, is responsible for providing necessary information to maintain airworthiness, as outlined in Annex 8 of the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, must implement the requirements to ensure the aircraft's continuing airworthiness. When an AD is issued by a State of Design, CASA, as Australia's national airworthiness authority, is required to evaluate the information and, if necessary, issue an Australian AD to enforce the requirements.
In the specific case of AD/HU 369/39 affecting McDonnell Douglas (Hughes) 369 series Helicopters, CASA has assessed the directive and decided to cancel it. The cancellation of Australian AD/HU 369/39 will take effect on 4 June 2009. This decision was made because the unsafe condition addressed by the AD no longer exists, and therefore, no replacement AD is necessary. This cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, and as such, no consultation with the Australian public was required. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The cancellation of 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.
Under the Civil Aviation Safety Regulations 1998, failure to comply with an AD can result in significant legal consequences. Operators of affected aircraft must adhere to the requirements outlined in the ADs to ensure the safety of air navigation. Non-compliance with ADs may result in civil penalties, including fines, and potentially criminal charges if the non-compliance leads to an aviation accident or incident. The maximum penalties for non-compliance can vary, but they may include fines of up to $1.1 million for corporations and $220,000 for individuals, depending on the severity of the breach. In addition to financial penalties, non-compliance can also lead to the grounding of aircraft, which can have severe operational and financial repercussions for the operators.