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.
CASA raised AD/HU 369/48 in 1981 to correct an unsafe situation on Hughes
HU 369 helicopters. In Australia there have been two cases of corrosion of the Lead-Lag Bolt on the main rotor head of this type, one of which resulted in bolt failure. The State of Design for this type, the USA, has not yet taken action to correct this unsafe condition. A review of this AD has shown that the references to manufacturer’s data were outdated, and that the applicability of the AD could be reduced to cover only the 369H model. Hence, CASA has decided to amend the AD. The new AD/HU 369/48 Amendment 1 will become effective on 24 September 2009. This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public because the effect of the amendment is to reduce the regulatory burden.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Initial Airworthiness in the Airworthiness and Engineering Branch 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 within Australia, establishing a framework for the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, as demonstrated by the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments that mandate safety requirements for aircraft and aeronautical products. The Civil Aviation Act 1988 was introduced to address the need for comprehensive regulation to ensure the safety and airworthiness of aircraft operating in Australian airspace, aligning with international standards set by the International Civil Aviation Organization. The policy objective of the Act is to maintain the highest standards of safety in civil aviation through stringent regulatory measures and continuous oversight.
Scope and Application
The Civil Aviation Safety Regulations 1998, which are made under the Civil Aviation Act 1988, establish the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. Specifically, regulation 39.001 empowers CASA to issue ADs for particular kinds of aircraft or aeronautical products, which are legislative instruments under the Legislative Instruments Act 2003. These directives are essential for ensuring the continuing airworthiness of aircraft and are issued in response to identified safety issues. The ADs align with Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the ongoing airworthiness of an aircraft type, while the State of Registry, in this case CASA, is tasked with implementing and enforcing the requirements within its jurisdiction. The ADs serve to address specific safety concerns, such as the corrosion issue identified with the Hughes HU 369 helicopters, and are amended as necessary to refine their scope and applicability. The issuance of these directives, including the amendment to AD/HU 369/48, is conducted by CASA without public consultation when the changes are aimed at reducing the regulatory burden.
Key Provisions
The Civil Aviation (Airworthiness) Regulations 1998, as amended by the Civil Aviation Amendment (Airworthiness and Continuing Airworthiness) Regulations 2009 (F2009L03362), provide for the issuance of airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988 and regulation 39.001. An AD is a legislative instrument designed to ensure the continuing airworthiness of aircraft types and aeronautical products, and it is issued by the Civil Aviation Safety Authority (CASA) as Australia’s national airworthiness authority. These directives are mandated by Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design holds overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. In this context, the State of Registry, which in Australia is CASA, is responsible for ensuring the continuing airworthiness of individual aircraft by developing or adopting appropriate requirements.
Under these regulations, CASA is required to assess information provided by the State of Design, particularly when an AD is issued by the State of Design against a type of aircraft on the Australian Register. If appropriate, CASA must issue an Australian AD to mandate the requirements of the State of Design. For instance, AD/HU 369/48 was raised by CASA in 1981 to address an unsafe situation on Hughes HU 369 helicopters, specifically concerning corrosion of the Lead-Lag Bolt on the main rotor head. Despite two recorded cases of corrosion in Australia, including one resulting in bolt failure, the State of Design (USA) has not yet taken corrective action. CASA has reviewed and amended this AD, reducing its applicability to cover only the 369H model, and has scheduled the new AD/HU 369/48 Amendment 1 to become effective on 24 September 2009, cancelling and replacing the previous issue.
The obligations imposed by these regulations are primarily on CASA, which must ensure that all ADs issued are based on thorough assessments of safety information provided by the States of Design. CASA must also ensure that the ADs issued are aligned with the requirements of Annex 8 and that they effectively address any unsafe conditions identified. The regulations do not require CASA to consult with the Australian industry and public when the effect of the amendment is to reduce the regulatory burden. Moreover, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, simplifying the process for issuing such directives. The issuance of ADs is overseen by the Manager, Initial Airworthiness in the Airworthiness and Engineering Branch, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
The Civil Aviation Safety Regulations 1998 impose strict obligations on those who fail to comply with ADs, which can result in severe civil and criminal consequences. Non-compliance with an AD can lead to the grounding of an aircraft, which poses significant safety risks and can result in substantial financial penalties. The maximum penalty for contravening an AD can be severe, including fines up to $275,700 for corporations and $55,140 for individuals, as well as potential imprisonment for directors or officers of corporations. These stringent measures underscore the importance of adhering to ADs to maintain the safety and airworthiness of aircraft in Australia.