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, 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 Safety Authority or its predecessors issued AD/S-76/14 affecting Sikorsky S-76 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/S-76/14. The cancellation will become effective on
2 July 2009. No replacement AD is required, as the unsafe condition no longer exists.
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, Airframe and Structures, 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 by the Commonwealth Parliament, provides the legislative framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established to facilitate the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). ADs are critical legislative instruments designed to mandate safety requirements for aircraft and aeronautical products, thereby addressing the need for continued airworthiness in compliance with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 empower CASA to issue these directives to maintain safety standards, particularly when a State of Design issues an AD for aircraft types registered in Australia. The AD/S-76/14 for Sikorsky S-76 series helicopters was cancelled by CASA as a result of the unsafe condition no longer existing, reflecting Australia’s commitment to international civil aviation obligations.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, making these directives legislative instruments. These ADs are integral to maintaining the continuing airworthiness of aircraft, with the State of Design bearing the primary responsibility for providing necessary information to the States of Registry, in line with Annex 8 of the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, plays a critical role in assessing international ADs and issuing Australian ADs when necessary to mandate specific requirements for aircraft registered in Australia. The issuance, assessment, and cancellation of such directives are conducted under the authority of the Act, with the cancellation of AD/S-76/14 for Sikorsky S-76 series helicopters serving as a pertinent example. This particular cancellation, effective from 2 July 2009, was determined by CASA based on the cessation of the unsafe condition identified, thus eliminating the need for a replacement AD.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for the safety and airworthiness of aircraft in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to issue regulations to enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA include assessing any AD issued by the State of Design of an aircraft type and determining if an Australian AD is necessary. This process is mandated to ensure the continuing airworthiness of aircraft registered in Australia, as stipulated under Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia is CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft on the Australian Register. When a State of Design issues an AD, CASA must review and, if necessary, issue a corresponding Australian AD.
There are no specific offences, penalties, or civil/criminal consequences detailed for the breach of airworthiness directives within the provided text. However, the failure to comply with ADs could potentially lead to legal ramifications under other provisions of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998, such as those related to operating an aircraft that is not airworthy or not in compliance with regulations. Such non-compliance could result in enforcement actions, penalties, or other regulatory measures imposed by CASA. The specific penalties for breaches would be determined based on the relevant sections of the Act and the nature of the non-compliance.