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-62/8 in 1967 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 has cancelled AD/S-62/8. 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, enacted by the Commonwealth Parliament, was introduced to regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of its key provisions is the ability for the Governor-General to make regulations in the interest of safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments that mandate specific actions to maintain the airworthiness of aircraft and aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). The objective of these regulations is to ensure that aircraft continue to meet the necessary safety standards as outlined by their State of Design and State of Registry. In line with these provisions, CASA has the authority to cancel ADs when the conditions that necessitated their issuance no longer exist, as demonstrated by the cancellation of AD/S-62/8 for Sikorsky S-62 helicopters, which took effect on 14 April 2005.
Scope and Application
The Civil Aviation Act 1988 applies to the safety of air navigation and the issuance of airworthiness directives (ADs) within Australia, extending to all aircraft registered in Australia and to aeronautical products used in Australian aviation. The Act provides the legislative framework for the Civil Aviation Safety Authority (CASA) to issue ADs to ensure the continuing airworthiness of aircraft and aeronautical products, in alignment with international standards set by the International Civil Aviation Organization (ICAO). The ADs are legislative instruments, which can be disallowed under the Acts Interpretation Act 1901, and are subject to the Legislative Instruments Act 2003. The geographic reach of these regulations is national, affecting all entities and persons involved in the Australian aviation industry, including aircraft operators, manufacturers, and maintenance providers. While the Act does not specify exclusions or exemptions, certain thresholds or conditions might apply based on the nature and severity of the safety issue addressed by an AD. The application of the Act can be extended or restricted through subordinate instruments, which are typically subject to review and cancellation by CASA based on ongoing assessments of safety conditions.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance and management of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the purposes of the Act, ensuring the safety of air navigation. Section 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specified kinds of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and constitutes a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are primarily centred on ensuring the continuing airworthiness of aircraft. The State of Design, which is the country where the aircraft type was designed, has the overarching responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to ensure its airworthiness. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. In Australia, CASA is the national airworthiness authority and must assess information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements for aircraft registered in Australia.
Failure to comply with the requirements outlined in an AD can lead to significant legal consequences. The Civil Aviation Act 1988 outlines various offences related to the operation of aircraft, including offences related to airworthiness. The Civil Aviation Safety Regulations 1998 also specify penalties for non-compliance with ADs. While the specific penalties are not detailed in the text, non-compliance can result in substantial fines and potential imprisonment. The maximum penalties may vary depending on the nature and severity of the breach, but they are designed to enforce strict compliance with airworthiness requirements to maintain the highest safety standards in aviation.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a robust framework for issuing and enforcing ADs to ensure the continuing airworthiness of aircraft. CASA, as the national airworthiness authority, has the responsibility to issue ADs when necessary and to enforce compliance with these directives. Non-compliance with ADs can result in significant legal consequences, including fines and imprisonment, to ensure that all aircraft maintain the highest standards of safety.