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.
CASA issued AD/HU 369/8 affecting Mc Donnell Douglas (Hughes) 369 model helicopters in 1971. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 24 September 2009. No replacement AD is required, as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Initial Airworthiness, Airworthiness and Engineering Branch of the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes the framework for civil aviation safety in Australia, aiming to ensure the safety of air navigation and aircraft operations. Under this Act, the Civil Aviation Safety Regulations 1998 were created to provide more detailed provisions, including the issuance of airworthiness directives (ADs) to mandate safety requirements for aircraft and aeronautical products. These ADs, as legislative instruments, are pivotal in maintaining the continuing airworthiness of aircraft as per international standards set by the International Civil Aviation Organization. The Civil Aviation (Safety) Amendment Regulations 2009, which include the cancellation of a specific AD for McDonnell Douglas (Hughes) 369 model helicopters, reflect CASA's role in assessing and implementing these directives to mitigate safety risks and align with international obligations. The cancellation of this particular AD signifies the resolution of a previously identified unsafe condition, thus reducing regulatory burden without necessitating a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legal framework for the regulation of civil aviation in Australia, with a particular focus on safety. Under this legislation, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. These directives are issued in response to identified safety issues or as part of the continuing airworthiness requirements set out in Annex 8 to the Convention on International Civil Aviation. The ADs are applicable to specific types of aircraft or aeronautical products registered in Australia and serve to mandate the requirements set by the State of Design, ensuring compliance with international safety standards. The application of these directives is a crucial aspect of CASA's role as Australia's national airworthiness authority. The ADs are legislative instruments and are subject to disallowance by Parliament. As such, the process of issuing, amending, or cancelling an AD is governed by the legislative framework established by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. This legislative approach ensures that the safety of air navigation is prioritised in the regulation of civil aviation in Australia.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the framework within which airworthiness directives (ADs) are issued and managed. Specifically, section 98 of the Act allows the Governor-General to make regulations that serve the interests of air navigation safety, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. This regulation underscores the authority of CASA as the national airworthiness authority, enabling it to mandate requirements for aircraft registered in Australia.
Under the obligations imposed by the Act and Regulations, CASA is tasked with the responsibility of assessing any ADs issued by the State of Design for aircraft types registered in Australia. This includes evaluating the necessity to issue corresponding ADs in Australia, ensuring that the continuing airworthiness of the aircraft is maintained in line with international standards as set out in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must ensure that all requirements for continuing airworthiness are met, which includes implementing the ADs issued by the State of Design.
In the context of AD/HU 369/8, which was issued in 1971 for Mc Donnell Douglas (Hughes) 369 model helicopters, CASA has determined that the unsafe condition that necessitated the original AD no longer exists. Consequently, CASA has decided to cancel this AD, effective from 24 September 2009. This cancellation eliminates the need for a replacement AD, as the regulatory burden is reduced. Notably, no consultation with the Australian public was required for this cancellation, as determined by the Office of Best Practice Regulation, which has found that ADs do not necessitate a Regulatory Impact Statement.
Failure to comply with the provisions of the ADs, when in effect, could lead to civil or criminal consequences under the Civil Aviation Act 1988. The maximum penalties for breaches may include substantial fines or imprisonment, depending on the severity of the non-compliance and the specific provisions of the AD. Such consequences underscore the importance of adhering to the mandated airworthiness requirements to ensure the safety of air navigation.