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 Australian Department of Civil Aviation issued AD/S-62/4 Amdt 1 in 1973 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-62/4 Amdt 1 no longer exists. Hence, CASA has cancelled AD/S-62/4 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 was enacted to establish a legislative framework governing civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). In line with international standards set by the Convention on International Civil Aviation, the Act ensures that the State of Design and the State of Registry share responsibilities for the continuing airworthiness of aircraft types registered in Australia. CASA, as the national airworthiness authority, is mandated to assess and implement airworthiness directives issued by the State of Design, ensuring compliance with safety standards. The cancellation of specific airworthiness directives, such as AD/S-62/4 Amdt 1 for Sikorsky S-62 helicopters, is conducted under the authority granted by the Act, reflecting CASA’s role in maintaining the safety and airworthiness of aircraft within Australia.
Scope and Application
The Civil Aviation Act 1988 applies to various entities, including aircraft operators, manufacturers, maintenance providers, and air traffic service providers, within the Australian jurisdiction. It governs conduct and transactions related to civil aviation to ensure safety and regulatory compliance. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that must be assessed and, if appropriate, adopted by CASA to ensure the continuing airworthiness of aircraft registered in Australia. The scope of the ADs extends to mandating requirements set by the State of Design, typically the country where the aircraft was designed, to address safety issues. In the case of AD/S-62/4 Amdt 1 concerning Sikorsky S-62 helicopters, CASA reviewed the ADs and determined that the previously identified unsafe condition no longer existed, leading to the cancellation of the directive effective 14 April 2005. The cancellation process follows the provisions of the Civil Aviation Act 1988, ensuring that CASA's actions align with the legislative framework designed to safeguard aviation safety.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1998 concerning the cancellation of airworthiness directives are found in regulation 39.001(5) and section 84A(2) of the Civil Aviation Act 1988. Regulation 39.001(5) allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Section 84A(2) of the Civil Aviation Act 1988 provides the authority for CASA to cancel an airworthiness directive when it is no longer necessary to ensure the continuing airworthiness of an aircraft. In this case, CASA has cancelled AD/S-62/4 Amdt 1, issued in 1973, as the unsafe condition that led to its issuance no longer exists.
The Civil Aviation Regulations 1998 impose obligations on CASA as the national airworthiness authority to assess and issue airworthiness directives for aircraft types registered in Australia, in accordance with Annex 8 to the Convention on International Civil Aviation. This means that CASA must evaluate any information provided by the State of Design, which in this instance is the United States for Sikorsky S-62 helicopters, and determine whether it is appropriate to issue a corresponding Australian airworthiness directive. If CASA decides to issue a directive, it must comply with the regulatory framework outlined in the Civil Aviation Regulations 1998.
Failure to comply with the provisions of the Civil Aviation Regulations 1998 concerning airworthiness directives can result in significant consequences. For individuals or entities that fail to adhere to the requirements of an airworthiness directive, there can be civil and criminal penalties. Civil penalties may include fines and the potential for aircraft to be grounded, while criminal penalties can result in imprisonment. The severity of the penalties depends on the nature and extent of the non-compliance, but they are intended to enforce the safety standards set out in the regulations.
The Civil Aviation Regulations 1998 also provide for the review and cancellation of airworthiness directives when circumstances change. In the case of AD/S-62/4 Amdt 1, CASA has determined that the unsafe condition no longer exists, leading to its cancellation. This decision was made in accordance with section 84A(2) of the Civil Aviation Act 1988, which allows CASA to cancel a directive when it is no longer necessary to ensure the continuing airworthiness of an aircraft. The cancellation of an airworthiness directive is effective from the date specified in the notice, in this case, 14 April 2005. The Office of Regulatory Review has determined that the cancellation of this directive did not require a Regulatory Impact Statement, as it was based on a specific, technical assessment of the aircraft type's safety.