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/R22/4 Amdt 7 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, 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 ensure the safety of air navigation and to provide a regulatory framework governing all aspects of civil aviation in Australia. In line with this objective, the Governor-General has the authority under section 98 of the Act to make regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD, which is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, represents a legislative instrument, as per section 6 of the Legislative Instruments Act 2003. The Civil Aviation Act 1988, through CASA, thus facilitates compliance with Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to ensure the continued airworthiness of a type.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation. These regulations apply to all aircraft registered in Australia and are designed to uphold the continuing airworthiness of such aircraft, in line with the responsibilities of the State of Registry under Annex 8 of the Convention on International Civil Aviation. ADs, being legislative instruments, are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The State of Design also plays a crucial role by providing necessary information to the State of Registry to maintain the airworthiness of aircraft types. The AD in question, issued concerning Robinson R22 helicopters, has been cancelled by CASA due to Australia's obligations under the Convention, and this cancellation does not require consultation with the Australian public nor a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations, which are intended to enhance the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998 (regulation 39.001) enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This regulatory framework is essential for maintaining high standards of safety in the aviation sector. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument, as defined by section 46A of the Acts Interpretation Act 1901, and thus it qualifies as a legislative instrument according to section 6 of the Legislative Instruments Act 2003. These provisions ensure that ADs are legally recognised and enforceable instruments within the aviation safety regulatory framework.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties involved are significant. The State of Design is tasked with ensuring the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to the States of Registry to facilitate compliance with airworthiness requirements. Meanwhile, the State of Registry is required to develop or adopt specific regulations to ensure the ongoing airworthiness of individual aircraft under their jurisdiction. CASA, acting on behalf of the State of Registry, must issue ADs to address safety concerns and maintain compliance with international standards. These obligations reflect a shared responsibility between the State of Design and the State of Registry to uphold the highest standards of aviation safety.
The Civil Aviation Safety Regulations 1998 also address the consequences of non-compliance with airworthiness directives. While specific offences, penalties, or civil/criminal consequences for breach of ADs are not detailed in the provided text, the regulatory framework is designed to ensure that any failure to comply with an AD could result in significant safety risks. Such risks could lead to enforcement actions, including potential fines or other sanctions, depending on the severity and impact of the non-compliance. The overarching aim is to maintain the safety and integrity of the aviation sector by ensuring that all stakeholders adhere to the established airworthiness standards.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a comprehensive regulatory framework for issuing airworthiness directives. The obligations placed on the State of Design, the State of Registry, and CASA are designed to ensure that all aircraft meet the highest safety standards. While specific penalties for non-compliance are not outlined in the text, the implications of failing to adhere to these directives could be severe, highlighting the critical importance of strict adherence to the established regulations.