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 369/6 affecting McDonnell Douglas (Hughes) 369 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 369/6. 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, enacted by the Australian Parliament, establishes the framework for ensuring the safety of air navigation within Australia. This legislation provides the authority for the Governor-General to create regulations, such as the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products. ADs are crucial for maintaining the continuing airworthiness of aircraft, ensuring that safety standards are met in accordance with international conventions such as the Convention on International Civil Aviation. The Act aims to safeguard the public by ensuring that aircraft operating within Australia meet stringent safety standards. The cancellation of an AD, such as AD/HU 369/6 for McDonnell Douglas (Hughes) 369 series Helicopters, is a direct response to the resolution of identified unsafe conditions, thereby maintaining the integrity and safety of air navigation.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Governor-General to issue regulations aimed at ensuring the safety of air navigation. Under regulation 39.001 of these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as legislative instruments as outlined in subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, with further legislative instrument status affirmed under section 6 of the Legislative Instruments Act 2003. The application of these directives extends to ensuring the continuing airworthiness of aircraft registered in Australia, aligning with the obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types and the State of Registry for individual aircraft. CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue Australian ADs in response to directives issued by the State of Design. This process ensures that the safety standards and requirements mandated by the State of Design are effectively implemented within Australia’s jurisdiction.
Key Provisions
The Civil Aviation Safety Regulations 1998 (section 39.001) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, as permitted under section 98 of the Civil Aviation Act 1988. These ADs serve as formal instructions to ensure the continued safety and airworthiness of specific aircraft types. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 stipulates that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, classifying them as legislative instruments according to section 6 of the Legislative Instruments Act 2003. This framework is aligned with Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type, requiring it to provide necessary information to States of Registry. The State of Registry, in turn, is tasked with ensuring the airworthiness of individual aircraft within its jurisdiction. In practical terms, when the State of Design issues an AD, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design.
The obligations imposed by these regulations include the responsibility of CASA to assess and, if required, issue Australian ADs to maintain airworthiness standards. The State of Design must communicate any safety concerns or necessary corrective actions to the States of Registry, ensuring that the information is accurate and timely. The State of Registry must then implement the requirements of any issued ADs to ensure that the aircraft within its jurisdiction remain airworthy. For instance, the AD/HU 369/6, issued by CASA for McDonnell Douglas (Hughes) 369 series helicopters, was assessed and subsequently cancelled because the unsafe condition it addressed no longer existed. This action aligns with Australia's obligations under the Convention on International Civil Aviation and reflects the commitment to maintaining the highest safety standards.
Failure to comply with an airworthiness directive can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, potentially leading to civil or criminal penalties. The severity of these penalties can vary depending on the nature and extent of the non-compliance. For example, operating an aircraft that does not meet the requirements of an applicable AD could result in fines or imprisonment, reflecting the critical importance of adhering to airworthiness directives. CASA has the authority to enforce these regulations and take action against those who fail to comply, ensuring that all parties maintain the required safety standards.