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/R22/28 affecting Robinson R22 helicopters equipped with restraint harnesses containing components from one particular batch. 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, Airframes 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 was enacted to regulate civil aviation and ensure the safety of air navigation within Australia. The Act empowers the Governor-General to create regulations that serve the interests of aviation safety, as exemplified in the Civil Aviation Safety Regulations 1998. Under these regulations, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. An AD, as defined under the Acts Interpretation Act 1901, is a disallowable instrument and, in accordance with the Legislative Instruments Act 2003, it qualifies as a legislative instrument. The objective of issuing ADs is to maintain the continuing airworthiness of aircraft, in line with the requirements set forth in Annex 8 of the Convention on International Civil Aviation, which assigns the responsibility for this to the State of Design and the State of Registry. In line with these international obligations, CASA has the authority to issue, modify, or cancel ADs as necessary.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs, which are legislative instruments, play a crucial role in maintaining the safety of air navigation as stipulated in section 98 of the Civil Aviation Act 1988. These directives apply to aircraft operators, manufacturers, and maintenance providers within Australia, ensuring they adhere to the safety standards set forth by CASA. Geographically, the application of these ADs is confined to Australian airspace and aircraft registered in Australia, in alignment with the obligations under the Convention on International Civil Aviation. While ADs generally require adherence across the industry, certain exclusions or exemptions may apply based on specific circumstances or types of aircraft, although such exclusions are not detailed in the provided text. The scope of the ADs can also be extended or restricted through subordinate instruments issued by CASA.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 form the backbone of the legislative framework governing airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that are necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions are significant. Under Annex 8 to the Convention on International Civil Aviation, the State of Design bears the responsibility for the continuing airworthiness of an aircraft type, including the provision of necessary information to the States of Registry to maintain airworthiness. In Australia, CASA, as the State of Registry, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. This includes issuing ADs, which are instrumental in maintaining airworthiness standards. For instance, CASA issued AD/R22/28 for Robinson R22 helicopters with restraint harnesses from a particular batch. Following a review, CASA cancelled this AD, effective from 7 May 2009, without the need for a replacement AD.
The cancellation of an AD, such as AD/R22/28, is not subject to public consultation as determined by the Office of Best Practice Regulation, which has concluded that ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager, Airframes and Structures in the Airworthiness Engineering Group on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988. This procedural adherence ensures that ADs are issued and managed within the legal framework established by the Act and Regulations.
Failure to comply with ADs can result in severe consequences. The Civil Aviation Safety Regulations 1998 may include specific provisions that outline offences, penalties, and civil or criminal consequences for non-compliance with ADs. These penalties can vary but may include substantial fines, imprisonment, or both, depending on the severity of the breach. The precise penalties are stipulated in the relevant sections of the Civil Aviation Safety Regulations 1998 and must be strictly adhered to by all parties to maintain the safety standards required by the Act.