CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1998
CANCELLATION 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.
The Civil Aviation Authority issued AD/S-62/3 Amdt 1 in 1990 to correct an unsafe situation on Sikorsky S-62 helicopter. The United States, which is the State of Design for this type, did not take similar action. CASA has reviewed all ADs affecting S-62 helicopters and as a result of the review has determined that the unsafe condition which resulted in AD/S-62/3 Amdt 1 no longer exists. Hence, CASA has cancelled AD/S-62/3 Amdt 1. The cancellation will become effective 14 April 2005.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been cancelled by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Civil Aviation Act 1988.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, is the primary piece of legislation governing civil aviation in Australia, providing a legal framework for ensuring the safety and efficiency of air navigation. This Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These directives, which are legislative instruments, are intended to mandate specific requirements for the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Act was introduced to address the need for a comprehensive legal framework to regulate civil aviation activities within Australia, ensuring that all operations meet the necessary safety standards. The policy objective underpinning the Act is to safeguard the public by maintaining stringent airworthiness standards and facilitating the safe and efficient use of Australian airspace.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Regulations 1998 govern the aviation industry in Australia, with a particular focus on ensuring the safety of air navigation. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are intended to address and rectify unsafe conditions identified in aircraft or aeronautical products, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft. CASA, as the national airworthiness authority, must evaluate ADs issued by the State of Design and, where necessary, issue corresponding Australian ADs. In this context, CASA cancelled an AD issued in 1990 for Sikorsky S-62 helicopters, finding that the unsafe condition no longer exists. This cancellation, effective from 14 April 2005, was authorised by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legislative framework within which the Australian Civil Aviation Authority (CASA) can issue airworthiness directives (ADs) (sections 98, 39.001). Section 39.001(5) of the Regulations specifies that ADs are disallowable instruments under the Acts Interpretation Act 1901, making them legislative instruments according to section 6 of the Legislative Instruments Act 2003. These directives are essential for ensuring the continuing airworthiness of aircraft, a responsibility that rests with the State of Design under Annex 8 to the Convention on International Civil Aviation. The State of Registry, such as CASA in Australia, must then adopt or develop requirements to ensure that aircraft remain airworthy.
Under the Civil Aviation Act 1988, CASA has the authority to issue ADs for specific types of aircraft or aeronautical products, ensuring they meet safety standards. This process involves CASA assessing information provided by the State of Design and determining whether to issue an Australian AD. The obligations imposed on CASA include a duty to review the continuing airworthiness of aircraft types registered in Australia, particularly when directives from the State of Design are issued. The State of Registry, in this case CASA, must ensure that all necessary measures are in place to maintain the airworthiness of aircraft and that relevant ADs are properly implemented.
Failure to comply with ADs can lead to significant legal consequences. Under subsection 84A(2) of the Civil Aviation Act 1988, CASA can cancel an AD once it is determined that the unsafe condition no longer exists. This was the case with AD/S-62/3 Amdt 1, which was issued in 1990 to address an unsafe condition on Sikorsky S-62 helicopters. After reviewing all relevant ADs affecting S-62 helicopters, CASA concluded that the unsafe condition no longer existed and thus cancelled the directive. This cancellation, which became effective on 14 April 2005, demonstrates CASA's commitment to ensuring that only current and necessary ADs are in place. Any breaches of ADs could result in both civil and criminal penalties, with potential maximum penalties depending on the severity of the breach and the specific provisions of the Civil Aviation Act 1988 and associated regulations.