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 369/63 affecting McDonnell Douglas (Hughes) 369 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 369/63. 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 provide a legislative framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, such as those found in the Civil Aviation Safety Regulations 1998. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. ADs are crucial for maintaining the continuing airworthiness of aircraft and are a common practice among International Civil Aviation Organization Contracting States. The State of Registry is responsible for ensuring the airworthiness of individual aircraft, while the State of Design provides necessary information to support this responsibility.
This particular legislative instrument, F2009L01788, addresses the cancellation of Australian Airworthiness Directive AD/HU 369/63 concerning McDonnell Douglas (Hughes) 369 series helicopters, which has been cancelled as of 4 June 2009 due to the resolution of the unsafe condition. The cancellation is in line with Australia’s obligations under the Convention on International Civil Aviation, and no public consultation was required. The Manager, Airframe and Structures, within CASA’s Airworthiness Engineering Group, issued this directive in accordance with the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 provides the legal framework for the regulation of civil aviation in Australia, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments made in the interest of air navigation safety and are issued in response to safety concerns identified by the State of Design or other contracting states under Annex 8 to the Convention on International Civil Aviation. The State of Registry, which for Australian registered aircraft is CASA, has the responsibility for ensuring the continuing airworthiness of aircraft and must adopt or develop requirements to comply with these international standards. In this instance, CASA has cancelled Australian AD/HU 369/63, which previously applied to McDonnell Douglas (Hughes) 369 series helicopters, as the unsafe condition it addressed no longer exists. This cancellation aligns with Australia's obligations under international conventions and does not require public consultation or a Regulatory Impact Statement. The AD was issued by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to make regulations under section 98, with a focus on air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments according to section 6 of the Legislative Instruments Act 2003. Annex 8 of the Convention on International Civil Aviation mandates that the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the individual aircraft. Therefore, when the State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Under this legislation, CASA has the responsibility to monitor and regulate airworthiness directives, ensuring that they align with international standards and obligations. CASA must cancel any ADs that no longer address a safety concern, such as Australian AD/HU 369/63 for McDonnell Douglas (Hughes) 369 series Helicopters, which has been cancelled due to the unsafe condition no longer existing. This cancellation, which will take effect on 4 June 2009, does not require a replacement AD or consultation with the Australian public, as determined by the Office of Best Practice Regulation, which found that ADs do not necessitate a Regulatory Impact Statement.
The issuance and cancellation of ADs are governed by the Civil Aviation Act 1988 and involve specific obligations for CASA. CASA must assess the ADs issued by the State of Design, ensuring that they meet international standards and obligations under the Convention on International Civil Aviation. CASA is also responsible for cancelling any ADs that no longer address a safety concern, as demonstrated by the cancellation of Australian AD/HU 369/63. These actions are carried out by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
In terms of consequences for non-compliance, the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach of airworthiness directives. However, the overarching Civil Aviation Act 1988 and associated regulations impose strict requirements on parties and entities governed by the Act. Non-compliance with airworthiness directives or any other regulations may result in legal action, fines, or other penalties as prescribed under the Civil Aviation Act 1988 and relevant regulations. The specific penalties may vary depending on the nature and severity of the non-compliance, and it is essential for parties and entities to adhere to the regulations to avoid any potential consequences.