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/R44/19 affecting Robinson R44 helicopters. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on
2 July 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, enacted to provide a legal framework for the regulation of civil aviation in Australia, facilitates the creation of regulations aimed at ensuring the safety of air navigation. Within this framework, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as stipulated in regulation 39.001. These ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft types, aligning with the obligations under Annex 8 to the Convention on International Civil Aviation. Pursuant to section 98 of the Civil Aviation Act, CASA issued an AD for Robinson R44 helicopters, subsequently reviewed and cancelled, effective from 2 July 2009, without the need for public consultation or a Regulatory Impact Statement due to Australia’s international obligations. The cancellation of this AD reflects CASA’s adherence to both national and international standards for aircraft safety and airworthiness.
Scope and Application
The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products under the authority of the Civil Aviation Act 1988. This authority extends to the geographic jurisdiction of Australia and is exercised in the interest of ensuring the safety of air navigation. The airworthiness directives are legislative instruments, subject to disallowance and scrutiny under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives are crucial for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation, specifically Annex 8, which mandates the State of Design and the State of Registry to collaborate in ensuring aircraft safety. The cancellation of a specific airworthiness directive, such as AD/R44/19 for Robinson R44 helicopters, reflects Australia’s commitment to international obligations and is managed within CASA, without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (the Act) and the Civil Aviation Safety Regulations 1998 (the Regulations) are the foundational statutes governing the safety and airworthiness of aircraft in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as crucial tools for maintaining the safety and airworthiness standards of aircraft in accordance with international standards.
The obligations imposed by these directives are significant. The State of Design, as defined by Annex 8 to the Convention on International Civil Aviation, bears the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. CASA, acting on behalf of Australia, issues these ADs to ensure compliance with these international obligations and standards.
Failure to comply with the ADs can lead to severe consequences. Under the Act and Regulations, breaches of ADs can result in civil penalties. Specifically, the Act provides for fines that can reach up to 500 penalty units for individuals and 2,500 penalty units for bodies corporate, with each penalty unit currently equating to AUD 222. Additionally, the Act and Regulations outline criminal penalties for more serious breaches, including imprisonment terms. For instance, section 23 of the Act prescribes a penalty of up to five years imprisonment for significant breaches, reinforcing the importance of compliance with airworthiness directives.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the safety and airworthiness of aircraft in Australia. CASA’s authority to issue ADs is integral to this framework, with both the State of Design and the State of Registry having specific responsibilities under international conventions. Non-compliance with these directives can lead to substantial civil and criminal penalties, underscoring the critical nature of adhering to these regulatory requirements.