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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/R22/20 affecting Robinson R22 helicopters. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 7 May 2009. No replacement AD is required.
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 provide a comprehensive legislative framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation and operations. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a legislative instrument and are crucial for maintaining the continuing airworthiness of aircraft, in accordance with Australia's obligations under the Convention on International Civil Aviation. The State of Design holds responsibility for providing necessary information to ensure an aircraft type's airworthiness, while the State of Registry is tasked with implementing requirements to maintain the airworthiness of individual aircraft. The AD/R22/20, affecting Robinson R22 helicopters, was issued by CASA and has since been cancelled, effective 7 May 2009, without the need for a replacement directive. The cancellation aligns with Australia's international obligations, and no public consultation was required due to the nature of the directive.
Scope and Application
The Civil Aviation (Airworthiness Directives) Determination 2009 pertains to the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, specifically addressing the issuance of airworthiness directives (ADs) for aircraft and aeronautical products. Under the Act, the Governor-General is empowered to make regulations for air navigation safety, while the Civil Aviation Safety Authority (CASA) is authorised to issue ADs to ensure the continuing airworthiness of specific types of aircraft or aeronautical products. These ADs are legislative instruments as per the Legislative Instruments Act 2003, and they are a crucial mechanism for ensuring compliance with international standards under Annex 8 of the Convention on International Civil Aviation. The State of Registry, which in this context is Australia, holds the responsibility for ensuring the airworthiness of individual aircraft. The cancellation of AD/R22/20 affecting Robinson R22 helicopters by CASA exemplifies the process and authority under which such ADs are managed, reflecting Australia’s obligations under the Convention. Notably, the cancellation of this specific AD was not subject to public consultation as it aligns with international obligations, and it does not require a Regulatory Impact Statement according to the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (s. 39.001(5)). These ADs are legislative instruments, as per section 6 of the Legislative Instruments Act 2003, and are disallowable under section 46A of the Acts Interpretation Act 1901. The ADs serve as a key mechanism for ensuring the continuing airworthiness of aircraft types, aligning with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation. Under this international framework, the State of Design is tasked with maintaining the airworthiness of an aircraft type, while the State of Registry assumes responsibility for the airworthiness of individual aircraft.
The obligations imposed by these regulations require CASA to issue ADs to ensure safety and compliance with international standards. CASA must collaborate with the State of Design to receive necessary information to maintain airworthiness. The State of Registry must implement the ADs to ensure that each aircraft meets the required safety standards. This dual responsibility ensures that all stakeholders are aligned with international safety protocols. CASA has the authority to review and cancel ADs as necessary, as evidenced by the cancellation of AD/R22/20 concerning Robinson R22 helicopters, which was cancelled on 7 May 2009.
In terms of consequences for non-compliance, the Act does not specify particular offences or penalties directly related to the issuance of ADs. However, the overarching regulatory framework under which CASA operates includes potential penalties for failing to comply with safety regulations. Violators may face civil or criminal penalties, although the specific maximum penalties are not detailed within the scope of these particular regulations. The primary focus is on ensuring the continuing airworthiness of aircraft through the timely issuance and enforcement of ADs. Any breaches of these safety standards could lead to severe consequences, including potential legal action under broader civil aviation safety laws.