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 issued AD/R22/51 Amdt 2 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, Systems and New Technologies 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 by the Australian Parliament to provide a legislative framework for civil aviation safety, regulation, and administration. This Act addresses the need for a comprehensive set of laws to ensure the safety and efficiency of civil aviation within Australia. One of its key provisions is the authority for the Governor-General to make regulations for the purposes of the Act, ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs, which are legislative instruments, serve as a critical mechanism for maintaining the continuing airworthiness of aircraft in line with international standards, particularly under Annex 8 to the Convention on International Civil Aviation. The cancellation of AD/R22/51 Amdt 2 for Robinson R22 helicopters by CASA, as a result of Australia's obligations under the Convention, exemplifies the application of these regulatory frameworks.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) which are legislative instruments made under section 98 of the Act to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue such directives for specific types of aircraft or aeronautical products, which are binding and enforceable. These directives are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are regulated as legislative instruments in accordance with the Legislative Instruments Act 2003. The application of these directives is influenced by international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design has primary responsibility for an aircraft's continuing airworthiness, while the State of Registry must ensure its adherence to airworthiness requirements. CASA, as the regulatory authority in Australia, issued and subsequently cancelled AD/R22/51 Amdt 2 concerning Robinson R22 helicopters, effective from 7 May 2009, without the need for a replacement directive. Given that this cancellation aligns with international obligations and does not necessitate public consultation, it was determined that a Regulatory Impact Statement was not required. The Manager, Systems and New Technologies in the Airworthiness Engineering Group, acting on behalf of CASA, made this AD in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance and management of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. The ADs are legislative instruments and subject to disallowance under the Acts Interpretation Act 1901. Under section 6 of the Legislative Instruments Act 2003, an AD is classified as a legislative instrument, indicating its formal legal status.
CASA has issued AD/R22/51 Amdt 2 affecting Robinson R22 helicopters, but this directive has since been cancelled, effective 7 May 2009. The cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design provides necessary information for continuing airworthiness to States of Registry. The State of Registry, in this case CASA, is also responsible for ensuring the continuing airworthiness of individual aircraft and must develop or adopt requirements to this end. The cancellation of the AD did not necessitate consultation with the Australian public or the creation of a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
The issuance of ADs and their cancellation are overseen by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988. These directives are integral to maintaining the safety and airworthiness of aircraft within Australian airspace, and their regulation ensures adherence to both national and international standards. The cancellation of AD/R22/51 Amdt 2 reflects a thorough review process and the dynamic nature of airworthiness requirements, which must be continually updated to reflect new safety information and international standards.