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 369/85, Amendment 1, affecting McDonnell Douglas (Hughes) 369 series helicopters in 1993. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 22 October 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 was enacted to regulate civil aviation in Australia and ensure the safety of air navigation. This legislation provides the framework for the creation of regulations, including the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the safety of aircraft and aeronautical products. As an integral part of this framework, ADs are legislative instruments that align with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988 authorises CASA to issue ADs to mandate requirements when unsafe conditions are identified, ensuring the continuing airworthiness of aircraft registered in Australia. In accordance with the Act, CASA issued and subsequently decided to cancel AD/HU 369/85, Amendment 1, which was affecting McDonnell Douglas (Hughes) 369 series helicopters, due to the resolution of the original unsafe condition. The cancellation was made by the Manager, Initial Airworthiness, Airworthiness and Engineering Branch of CASA, with the aim of reducing regulatory burden without the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, under section 98 of the Civil Aviation Act 1988, empower the Australian Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are integral to ensuring the continuing airworthiness of aircraft registered in Australia, and they are issued in accordance with the international standards set out in Annex 8 to the Convention on International Civil Aviation. The ADs mandate requirements for maintenance, repair, and operational procedures to ensure safety in air navigation. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they function as legislative instruments as per section 6 of the Legislative Instruments Act 2003. The authority to issue these directives is exercised by CASA, the national airworthiness authority, which must assess information from the State of Design and, if necessary, issue Australian ADs to align with the international directives. The ADs apply to specific aircraft types or aeronautical products within the Australian jurisdiction, and their issuance is intended to mitigate safety risks and ensure compliance with international safety standards.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as a formal means to ensure the safety and airworthiness of aircraft. Section 98 of the Civil Aviation Act 1988 supports this regulatory framework by allowing the Governor-General to make necessary regulations for the Act, focusing on the safety of air navigation. It is important to note that these ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore qualify as legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these ADs are stringent and focus on ensuring the continuing airworthiness of aircraft. Under Annex 8 of the Convention on International Civil Aviation, the State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide necessary information to ensure the continuing airworthiness of that type to the State of Registry. The State of Registry, in turn, has the responsibility to develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, CASA, as the national airworthiness authority for Australia, must assess this information and, if deemed appropriate, issue an Australian AD to enforce the requirements.
Failure to comply with ADs can lead to serious consequences. The regulations do not explicitly outline penalties for non-compliance, but such failure can result in severe safety risks, potentially leading to enforcement actions by CASA, including grounding of the aircraft until compliance is achieved. Additionally, in the context of international aviation, non-compliance can lead to restrictions on the operation of the aircraft in other countries that adhere to ICAO standards.
In the specific case of AD/HU 369/85, Amendment 1, issued by CASA in 1993, the decision to cancel the directive reflects the resolution of the original unsafe condition that prompted its issuance. This cancellation, effective from 22 October 2009, means that no replacement AD is necessary. The process of cancelling this AD did not require consultation with the Australian public as it resulted in a reduction of the regulatory burden, a determination made by the Office of Best Practice Regulation. The cancellation was 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.