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/R22/5 Amdt 2 affecting Robinson R22 helicopters with flexible coupling yokes of nominated part numbers. 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 establish a framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the industry. Within this legislative framework, the Civil Aviation Safety Regulations 1998 were introduced to provide detailed rules and standards for civil aviation safety, including the issuance of airworthiness directives. These directives are essential tools for maintaining the continuing airworthiness of aircraft and aeronautical products, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Authority (CASA) is responsible for issuing these directives under regulation 39.001, with these directives being legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interests of air navigation safety, thereby supporting Australia's obligations under international conventions like the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the regulation of civil aviation safety in Australia. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specified types of aircraft or aeronautical products. These directives, which are legislative instruments, are issued to ensure the continuing airworthiness of aircraft and aeronautical products in accordance with international standards set by the International Civil Aviation Organization (ICAO). The State of Registry, which is the state where the aircraft is registered, has the primary responsibility for ensuring the continuing airworthiness of the aircraft. The cancellation of an airworthiness directive, such as AD/R22/5 Amdt 2 affecting Robinson R22 helicopters with specific flexible coupling yokes, is conducted by CASA in compliance with Australia's obligations under the Convention on International Civil Aviation, and does not require public consultation or a Regulatory Impact Statement. The cancellation of such a directive is managed by CASA's Airframes and Structures division, pursuant to the provisions of the Act.
Key Provisions
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) under regulation 39.001 (paragraph 2). These directives are intended to ensure the safety of air navigation and are applicable to specific kinds of aircraft or aeronautical products. The ADs are legislative instruments, as outlined in subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and are subject to disallowance under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the ADs are twofold. Firstly, the State of Design is responsible for the continuing airworthiness of an aircraft type, and must provide all necessary information to the appropriate States of Registry to ensure the safety and airworthiness of the aircraft type (Annex 8, Convention on International Civil Aviation). Secondly, the State of Registry of an individual aircraft must develop or adopt requirements to ensure the continuing airworthiness of the aircraft (Annex 8). This means that both the designer and the registry state must work in tandem to ensure the aircraft remains airworthy throughout its operational life.
Failing to comply with an AD may result in serious consequences. Although the specific penalties are not detailed in the text, non-compliance with regulations pertaining to airworthiness can lead to severe civil or criminal penalties under the Civil Aviation Act 1988. The Act provides for hefty fines and imprisonment for those who breach its provisions, reflecting the high stakes involved in ensuring the safety of air navigation. Given that the AD in question has been cancelled due to Australia's obligations under the Convention on International Civil Aviation, any failure to adhere to the new standards or directives could result in enforcement actions by CASA.