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-62/7 in 1970 to correct an unsafe situation on Sikorsky S-62 helicopters. 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 no longer exists and cancelled AD/S-62/7. 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 - Systems, 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 regulate civil aviation within Australia, ensuring safety and efficiency in the sector. The Act empowers the Governor-General to create regulations for the Act’s purposes, particularly focusing on the safety of air navigation. In line with these objectives, the Civil Aviation Safety Regulations 1998 were also established, providing mechanisms such as the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). ADs serve as critical tools for maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). The enactment of these regulations and directives aims to ensure that the civil aviation sector adheres to stringent safety standards, thereby safeguarding the public and maintaining the integrity of the aviation industry.
Scope and Application
The Civil Aviation Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives serve as legislative instruments, falling under the purview of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these directives is governed by the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the primary role in ensuring the continuing airworthiness of an aircraft type, while the State of Registry, such as CASA in Australia, is tasked with enforcing these requirements domestically. The cancellation of an AD, such as AD/S-62/7 issued for Sikorsky S-62 helicopters, occurs when CASA determines that the initial unsafe condition has been rectified. This process is detailed in the Civil Aviation Act 1988, specifically subsection 84A(2), and involves a review conducted by CASA, culminating in the official cancellation which was effective from 14 April 2005. Notably, the cancellation of such ADs does not require a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Importantly, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 categorises an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is considered a legislative instrument. These provisions ensure that ADs serve as formal mechanisms for maintaining the continuing airworthiness of aircraft.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design bears overall responsibility for ensuring the continuing airworthiness of an aircraft type. This includes providing any necessary information to States of Registry to maintain safety standards. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess this information and, if appropriate, issue an Australian AD to enforce the requirements set by the State of Design.
The Civil Aviation Act 1988, particularly under subsection 84A(2), mandates that CASA, as Australia’s national airworthiness authority, must cancel an AD if an unsafe condition no longer exists. This was exemplified in the case of AD/S-62/7 issued in 1970 to correct an unsafe condition on Sikorsky S-62 helicopters. The United States, the State of Design for this type, did not issue a corresponding AD. After a comprehensive review of all ADs affecting S-62 helicopters, CASA determined that the unsafe condition was no longer present and decided to cancel AD/S-62/7. The cancellation was effective from 14 April 2005. The Office of Regulatory Review found that such ADs do not require a Regulatory Impact Statement.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the associated regulations, including the issuance or cancellation of ADs, can result in serious consequences. Offences under this Act can lead to both civil and criminal penalties. For instance, non-compliance with an AD can result in significant fines, with maximum penalties stipulated in the Act. In severe cases, criminal charges may be pursued against individuals or entities responsible for the breach, leading to imprisonment. The Act is designed to ensure that all parties adhere to stringent safety standards to protect the public and maintain the integrity of air navigation systems.