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 369/57 Amendment 2 affecting McDonnell Douglas (Hughes) 369 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 369/57 Amendment 2. 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 was enacted to establish a legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of the aviation industry. The Act empowers the Governor-General to create regulations in the interest of air navigation safety, and these regulations are integral to the operations of the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998, created under the authority of this Act, include provisions for CASA to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and review under the Legislative Instruments Act 2003. The Civil Aviation Act 1988 was designed to align Australian aviation safety standards with international obligations, particularly those set forth in the Convention on International Civil Aviation, ensuring that Australia's regulatory framework for aircraft airworthiness remains consistent with global practices.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, aimed at ensuring the safety of air navigation. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and oversight as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs align with the International Civil Aviation Organization's (ICAO) Annex 8, which mandates that the State of Design retains responsibility for the continuing airworthiness of an aircraft type and must share necessary information with the States of Registry. In Australia, CASA, as the national airworthiness authority, is tasked with assessing foreign ADs and issuing corresponding Australian ADs when necessary. The scope of this legislation extends to all aircraft and aeronautical products registered in Australia, ensuring compliance with both domestic and international safety standards. While ADs are integral to maintaining airworthiness, the process for their issuance and cancellation does not typically involve public consultation, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, and specifically regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. These ADs serve as a means to ensure the continuing airworthiness of aircraft in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design (section 39.001(5)).
The obligations imposed by these regulations on the parties governed by them include ensuring the continuing airworthiness of the aircraft in question. The State of Design has the primary responsibility for the airworthiness of an aircraft type, while the State of Registry must develop or adopt the necessary requirements to maintain the airworthiness of individual aircraft. CASA, as the national airworthiness authority for Australia, must assess foreign ADs and, if deemed appropriate, issue corresponding Australian ADs. Additionally, the State of Registry is responsible for ensuring that the aircraft it registers comply with the ADs issued.
Failure to comply with an AD can result in significant consequences. Under section 94 of the Civil Aviation Act 1988, a person who contravenes an AD may be subject to civil penalties. The maximum penalty for an individual is generally $16,200, while for a body corporate, the maximum penalty can be much higher, up to $810,000. In addition to financial penalties, non-compliance with ADs can also result in criminal charges. An individual found guilty of contravening an AD may face imprisonment for up to two years, while a body corporate may be subject to imprisonment for up to five years. These stringent measures underscore the importance of adhering to airworthiness directives to maintain safety standards in civil aviation.