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 369/45 affecting McDonnell Douglas (Hughes) 369 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 369/45. 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 address the need for comprehensive regulation of civil aviation in Australia, ensuring safety and efficiency within the sector. This Act empowers the Governor-General to create regulations under section 98, thereby enabling the Civil Aviation Safety Regulations 1998 to be established. These regulations include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are legislative instruments used to mandate safety requirements for aircraft types. The policy objective behind these regulations is to align with international standards set by the International Civil Aviation Organization (ICAO) and to maintain the continuing airworthiness of aircraft registered in Australia. The Civil Aviation Act 1988 and its associated regulations reflect Australia's commitment to international safety standards, ensuring that the country's aviation safety measures are both robust and globally compliant.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations apply to the State of Registry of aircraft and aeronautical products in Australia, ensuring compliance with international standards set by the Convention on International Civil Aviation. The ADs, which are legislative instruments, are mandated to address continuing airworthiness concerns. CASA has the authority to issue ADs for specific types of aircraft and aeronautical products, which must be assessed and potentially implemented as Australian ADs when required by the State of Design. In the case of McDonnell Douglas (Hughes) 369 series Helicopters, CASA has assessed and subsequently cancelled Australian AD/HU 369/45 due to the resolution of the unsafe condition, reflecting Australia's commitment to international airworthiness standards. The ADs do not require public consultation or a Regulatory Impact Statement, and the issuance of such directives is carried out by CASA in accordance with the legislative framework.
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) under section 98 and regulation 39.001 respectively. These directives are crucial for ensuring the continuing safety and airworthiness of aircraft types, and are considered legislative instruments under the Legislative Instruments Act 2003. The State of Design, which is the country where the aircraft type is designed, has the primary responsibility for the continuing airworthiness of that type, as outlined in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to the State of Registry, which is the country where the individual aircraft is registered, to maintain airworthiness. In Australia, the Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority, and must issue an Australian AD if required, when a State of Design issues an AD for a type of aircraft on the Australian Register.
The obligations under the Civil Aviation Safety Regulations 1998 require CASA to assess any ADs issued by States of Design and to issue corresponding Australian ADs when necessary. This ensures that all aircraft on the Australian Register comply with international airworthiness standards. Furthermore, the State of Registry, which in Australia is CASA, must ensure that the continuing airworthiness of each registered aircraft is maintained by adopting or developing appropriate requirements. This includes the implementation of ADs, which mandate specific actions to address safety concerns related to aircraft design, manufacture, or maintenance.
Breaching the requirements of an AD can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in civil penalties, including fines of up to $37,500 for individuals and $187,500 for corporations. In addition to civil penalties, CASA may take enforcement actions such as grounding aircraft, imposing operational restrictions, or taking legal action to ensure compliance. In more serious cases, non-compliance with ADs may also result in criminal charges, where the maximum penalty can be a fine of up to $225,000 and/or imprisonment for up to five years for individuals, and higher fines for corporations. These stringent measures underscore the importance of adhering to ADs to ensure the safety and airworthiness of aircraft.