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 has raised AD/R22/36 Amendment 1 to correct an unsafe situation on Robinson R22 helicopters. In 1992 an R22 suffered serious cracks in a main rotor blade as the result of corrosion pitting. The State of Design for this type, the USA, has not yet taken action to correct this unsafe condition. As there are many examples of the R22 on the Australian register, CASA developed an AD to correct the problem on Australian aircraft. This amendment is issued to remove from the applicability of the AD aircraft fitted with new standard main rotor blades. These newer blades are not susceptible to stress corrosion cracking, and therefore do not need to be inspected.
CASA has not consulted with the Australian industry and public because this amendment reduces the burden on industry by reducing the number of helicopters affected by the AD.
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 to provide a framework for the regulation of civil aviation in Australia, focusing primarily on safety. One of the mechanisms established under this Act is the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further outline the process for issuing such directives, which are legislative instruments aimed at maintaining the continuing airworthiness of aircraft. The objective of these regulations is to ensure that aircraft registered in Australia meet necessary safety standards, aligning with international obligations under the Convention on International Civil Aviation. CASA, acting on behalf of the Australian Government, issues these directives to address specific safety concerns, such as the recent amendment to the airworthiness directive concerning Robinson R22 helicopters, which was introduced to correct an unsafe condition identified in the aircraft design.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, applies to the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation in Australia. Under the Act, CASA has the authority to issue airworthiness directives for specific types of aircraft or aeronautical products, as outlined in regulation 39.001, with these directives being considered legislative instruments under the Legislative Instruments Act 2003. The geographic reach of these regulations is national, applying to all aircraft registered in Australia, and they are intended to align with the standards set forth by the International Civil Aviation Organization (ICAO). The Act mandates that the State of Registry, in this case CASA, ensures the continuing airworthiness of aircraft within Australia. This includes the responsibility to assess and, if necessary, issue Australian airworthiness directives based on directives issued by the State of Design. Exemptions and specific applications, such as the amendment to AD/R22/36, are made to address unsafe conditions and are tailored to mitigate risks specific to aircraft registered in Australia, thereby reducing the burden on the industry when appropriate.
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 kinds of aircraft or aeronautical products. This regulatory mechanism is crucial for ensuring that aircraft maintain their airworthiness and safety standards. The Civil Aviation Act 1988, through section 98, supports the issuance of these regulations to protect the safety of air navigation. The ADs are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003, and they are disallowable instruments under section 46A of the Acts Interpretation Act 1901. These directives are essential for continuing the airworthiness of aircraft types, ensuring compliance with international standards set by the Convention on International Civil Aviation, particularly Annex 8.
The obligations under these regulations are significant for both the State of Design and the State of Registry. The State of Design, such as the United States for the Robinson R22 helicopter, has the primary responsibility for the continuing airworthiness of the aircraft type. This includes providing necessary information to ensure that aircraft remain airworthy. In the case of the Robinson R22, despite the design state not taking corrective action, CASA, as Australia's national airworthiness authority, has the duty to assess this information and, if necessary, issue an Australian AD to mandate the required safety measures. The State of Registry, in this case Australia, must ensure that all aircraft registered within its jurisdiction adhere to these safety requirements.
Failure to comply with airworthiness directives can result in serious legal and safety consequences. The Civil Aviation Safety Regulations 1998 do not specify detailed penalties for non-compliance with ADs, but non-compliance generally falls under the broader regulatory framework of the Civil Aviation Act 1988. Violations can lead to enforcement actions by CASA, including potential criminal charges under section 29 of the Act, which can result in substantial fines and imprisonment. Additionally, non-compliance can lead to the grounding of aircraft, further exacerbating the risk to public safety and potentially resulting in civil liability for any accidents or incidents caused by non-compliance.