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 369/66 affecting McDonnell Douglas (Hughes) 369 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 369/66. 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, enacted by the Parliament of Australia, addresses the safety and regulation of civil aviation within the country. It empowers the Governor-General to create regulations under section 98, ensuring that these regulations serve the interests of air navigation safety. One of these regulations is detailed in the Civil Aviation Safety Regulations 1998, particularly in regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as a means to ensure the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 of the Convention on International Civil Aviation. This legislation thus fills the gap by providing a structured framework for maintaining the safety and airworthiness of aircraft within Australia, in compliance with international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, as authorised by the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, ensuring adherence to safety standards. These regulations apply to all aircraft registered in Australia, encompassing both domestic and international flights operating within Australian jurisdiction. ADs are legislative instruments that mandate specific actions to address identified safety issues, and their issuance is based on the continuing airworthiness information provided by the State of Design and assessed by CASA. Notably, ADs are not subject to public consultation or a Regulatory Impact Statement as they directly relate to international obligations under the Convention on International Civil Aviation. CASA’s role as the national airworthiness authority mandates the assessment and, if necessary, the issuance of Australian ADs that align with the directives from the State of Design. The authority to issue and cancel these directives lies with CASA, ensuring the safety and compliance of aircraft within Australian airspace.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of airworthiness in Australia. Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA has the authority to issue ADs that mandate specific actions to ensure the continuing airworthiness of aircraft. This involves assessing international ADs issued by the State of Design and, if appropriate, issuing corresponding Australian ADs. For instance, when an AD is issued by a foreign State of Design against a type of aircraft registered in Australia, CASA must review the directive and, if necessary, issue an Australian AD to enforce the required safety measures. The State of Registry, in this case CASA, is responsible for ensuring the continuing airworthiness of the aircraft in accordance with Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA include the assessment of international ADs and the issuance of Australian ADs as needed. This process ensures that aircraft registered in Australia meet the necessary safety standards. For example, CASA assessed an AD affecting McDonnell Douglas (Hughes) 369 series Helicopters, leading to the cancellation of Australian AD/HU 369/66, effective from 4 June 2009, as the unsafe condition no longer existed. The cancellation of this AD was in line with Australia's obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required.
Breaches of the Civil Aviation Safety Regulations 1998 can lead to significant consequences. Non-compliance with ADs can result in severe penalties, including fines and imprisonment. The maximum penalties for breaches can vary, but they are intended to enforce the safety requirements set forth in the ADs. Therefore, entities and individuals governed by these regulations must adhere to the mandates to avoid legal repercussions.