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 369/79 affecting McDonnell Douglas (Hughes) 369 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 369/79. 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 ensure the safety and efficiency of civil aviation in Australia. This legislation empowers the Governor-General to make regulations that are vital for the safety of air navigation, as exemplified by the issuing of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments and are integral to maintaining the continuing airworthiness of aircraft, aligning with the international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) operates under these regulations to assess and enforce necessary safety measures, ensuring compliance with both national and international aviation safety standards. The Act was introduced to address the need for a robust legal framework that could adapt to the evolving nature of civil aviation while prioritising safety.
In line with Australia’s obligations under the Convention on International Civil Aviation, CASA issued AD/HU 369/79 for McDonnell Douglas (Hughes) 369 series Helicopters, which has since been cancelled due to the resolution of the unsafe condition. This cancellation was enacted without public consultation, as determined by the Office of Best Practice Regulation, which found that such ADs do not require a Regulatory Impact Statement. The AD cancellation was authorised by the Manager Systems and New Technologies within CASA's Airworthiness Engineering Group, in accordance with the provisions of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation, in accordance with section 98 of the Civil Aviation Act 1988. These ADs apply to specific kinds of aircraft or aeronautical products, establishing requirements for their continuing airworthiness and are legislative instruments subject to disallowance and review under the Legislative Instruments Act 2003. This regulatory framework aligns with international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design retains responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must implement or adopt measures to ensure compliance. In Australia, CASA acts as the national airworthiness authority, responsible for issuing Australian ADs when necessary to address safety concerns identified by States of Design. The scope of these regulations extends nationally, applying to all aircraft registered in Australia, and CASA’s actions are in line with both domestic legislation and international standards to maintain the safety of air navigation.
Key Provisions
The Civil Aviation Safety Regulations 1998 (section 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as enforceable mandates that ensure the safety and airworthiness of aircraft. Each AD is a legislative instrument, as stipulated in the Legislative Instruments Act 2003, and they can be disallowed under section 46A of the Acts Interpretation Act 1901. The State of Design of an aircraft type holds the overarching responsibility for the aircraft's continuing airworthiness, and it must provide necessary information to the States of Registry to maintain this airworthiness. In Australia, CASA, acting as the national airworthiness authority, is tasked with assessing this information and issuing Australian ADs when necessary.
Obligations under the Civil Aviation Safety Regulations 1998 require CASA to meticulously evaluate any ADs issued by the State of Design and determine their applicability to aircraft registered in Australia. This evaluation process ensures that the necessary safety measures are enforced in a timely and effective manner. The State of Registry, which in Australia is CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. This includes reviewing and implementing ADs that address specific safety concerns. Additionally, the State of Registry must ensure that all stakeholders, such as aircraft operators and maintenance providers, are adequately informed about the requirements set forth in these ADs.
Failure to comply with an airworthiness directive can lead to serious consequences. Under the Civil Aviation Act 1988, violations of ADs can result in both civil and criminal penalties. Civil penalties may include fines and enforcement actions against non-compliant aircraft or operators. In more severe cases, criminal penalties can be imposed, which may include imprisonment for individuals or substantial fines for corporations. The specific penalties vary depending on the severity of the breach and are determined by the courts. It is crucial for all parties governed by these regulations to adhere strictly to the mandates of airworthiness directives to avoid these potential legal repercussions.