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/R22/53 affecting Robinson R22 model helicopters in February 2006. This AD required that all part number A016-2 Main Rotor Blades (MRBs) be removed from service by 1 April 2006. As a result, AD/R22/31 Amendment 11, which only affected part number A016-2 MRBs is no longer required and will be cancelled. The cancellation will become effective on 11 May 2006. No replacement AD is required, as the original unsafe condition has been corrected by AD/R22/53.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted by the Parliament of Australia to provide a legislative framework for the regulation of civil aviation within Australia, aiming to ensure the safety of air navigation and the continuing airworthiness of aircraft. Under this Act, the Civil Aviation Safety Regulations 1998 were established, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The Civil Aviation Act 1988, by empowering CASA to issue these directives, aims to align Australian aviation safety practices with international standards, specifically those outlined in Annex 8 to the Convention on International Civil Aviation, which places responsibility for the continuing airworthiness of aircraft types on the State of Design and mandates that States of Registry adopt requirements to ensure aircraft airworthiness.
Scope and Application
The Civil Aviation Act 1988 applies to any individual or entity involved in civil aviation within Australia, encompassing aircraft, aeronautical products, and the personnel operating within the sector. This Act is designed to ensure the safety of air navigation and is enforced by the Civil Aviation Safety Authority (CASA). Specifically, under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is empowered to issue airworthiness directives (ADs) concerning certain kinds of aircraft or aeronautical products. Such directives are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs are intended to ensure compliance with international standards, as per Annex 8 to the Convention on International Civil Aviation, which places responsibility on the State of Design for continuing airworthiness, with States of Registry required to implement these standards. The ADs are typically issued by the State of Design, which CASA must then review and, if necessary, adopt as Australian ADs. The Act extends its application nationally and adheres to international obligations, without necessitating consultation with the public or requiring a Regulatory Impact Statement for ADs.
Key Provisions
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products (regulation 39.001). These ADs are legislative instruments, as provided under section 46A of the Acts Interpretation Act 1901, and are subject to disallowance (subregulation 39.001(5)). The issuance of these directives is a key regulatory tool that CASA employs to ensure the safety and continuing airworthiness of aircraft registered in Australia.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties and entities include the requirement for the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type, and for the State of Registry to develop or adopt requirements for the continuing airworthiness of aircraft registered within its jurisdiction (Annex 8 to the Convention on International Civil Aviation). CASA, as Australia’s national airworthiness authority, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design for aircraft registered in Australia.
Failure to comply with the ADs issued by CASA can lead to serious consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish various offences and penalties for breaches of airworthiness directives. Violations can result in both civil and criminal consequences, depending on the nature and severity of the breach. For instance, non-compliance with an AD may be considered an offence under section 63 of the Civil Aviation Act 1988, potentially leading to penalties such as fines or imprisonment. The specific penalties for breaches of airworthiness directives are not detailed in the provided text, but they are significant enough to ensure compliance with the safety standards set forth by CASA.
The cancellation of an airworthiness directive, as exemplified by AD/R22/31 Amendment 11, is also governed by these regulations. The cancellation of such directives is typically made in response to the resolution of the unsafe condition that prompted the original directive, and it does not necessarily require public consultation or a Regulatory Impact Statement. This process is carried out by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act, ensuring that the regulatory framework remains effective and responsive to safety concerns.