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 369/65 affecting McDonnell Douglas (Hughes) 369 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 369/65. 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 regulate the civil aviation industry in Australia and ensure the safety of air navigation. This legislation empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998, under regulation 39.001, authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are considered legislative instruments and are essential for maintaining the continuing airworthiness of aircraft as per the Convention on International Civil Aviation. The ADs are issued by States of Design and must be assessed by the States of Registry, including CASA for Australia. In this context, CASA has assessed and subsequently cancelled Australian AD/HU 369/65, which affected McDonnell Douglas (Hughes) 369 series Helicopters, due to the non-existence of the unsafe condition it originally targeted. This cancellation aligns with Australia's international obligations and does not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the framework for the regulation of airworthiness directives (ADs) within Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products, thereby ensuring compliance with safety standards. As stipulated under regulation 39.001 of the Civil Aviation Safety Regulations 1998, an AD is a disallowable instrument, making it a legislative instrument under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs are integral to fulfilling the State of Design's responsibility under Annex 8 to the Convention on International Civil Aviation for maintaining the continuing airworthiness of aircraft types, as well as the State of Registry's duty to adopt necessary measures for ensuring the airworthiness of aircraft registered within their jurisdiction. The issuance and assessment of ADs by CASA ensure that Australian aviation safety standards align with international obligations and requirements.
Key Provisions
The main operative sections of this legislation concern the issuance of airworthiness directives (ADs) for aircraft or aeronautical products as stipulated in section 98 of the Civil Aviation Act 1988 (section 98) and regulation 39.001 of the Civil Aviation Safety Regulations 1998 (regulation 39.001). These ADs are legislative instruments, designed to ensure the safety of air navigation. The State of Design, which is the country where the aircraft type was designed, has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry, which is the country where the aircraft is registered. The State of Registry must ensure the continuing airworthiness of the aircraft within its jurisdiction. Under these regulations, CASA, as Australia's national airworthiness authority, is tasked with assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to enforce the required safety measures.
The obligations imposed on the parties or entities governed by this Act primarily involve compliance with the airworthiness directives issued by CASA. The State of Design is obligated to issue ADs when there is a need to address unsafe conditions of aircraft types. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. In Australia, CASA must assess ADs from the State of Design and issue Australian ADs as necessary to mandate the safety requirements for aircraft on the Australian Register. Aircraft operators and owners are required to comply with all applicable ADs, ensuring their aircraft meet the specified airworthiness standards.
The Civil Aviation Safety Regulations 1998 impose penalties for non-compliance with airworthiness directives. Failure to comply with an AD can result in severe consequences, including potential grounding of the aircraft, fines, and other enforcement actions by CASA. While the specific maximum penalties are not detailed in the text, they can be significant and are intended to ensure that all aircraft maintain the required safety standards. The legal framework is designed to protect public safety by ensuring that all aircraft meet the necessary airworthiness criteria. Non-compliance not only poses risks to safety but can also result in serious legal and financial repercussions for the entities involved.