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-76/42 affecting Sikorsky S-76A model Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/S-76/42. 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 Australian Parliament, aims to ensure the safety of air navigation, among other objectives. This Act empowers the Governor-General to make regulations for the purposes of the Act, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Such regulations are critical in maintaining the safety standards required under the Convention on International Civil Aviation, particularly regarding the continuing airworthiness of aircraft. In accordance with the Civil Aviation Safety Regulations 1998, CASA has the authority to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments that must be assessed and, if necessary, implemented by the State of Registry, which in Australia is CASA. The process involves evaluating information from the State of Design and ensuring it aligns with international standards to maintain the safety and airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments that are subject to disallowance under section 46A of the Acts Interpretation Act 1901, and they play a crucial role in ensuring the continuing airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the ongoing airworthiness of individual aircraft within its registry. Consequently, CASA, as Australia's national airworthiness authority, must evaluate ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. The issuance, assessment, and potential cancellation of ADs are integral to maintaining safety standards in the aviation industry in Australia.
Key Provisions
The Civil Aviation Act 1988 and its accompanying Civil Aviation Safety Regulations 1998, particularly under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This action is taken in the interest of ensuring safety in air navigation (section 98 of the Civil Aviation Act 1988). An AD is a legislative instrument, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and oversight by the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design has the overarching responsibility for the airworthiness of an aircraft type and must provide necessary information to the States of Registry. Conversely, the State of Registry, such as CASA in Australia, must ensure the continuing airworthiness of individual aircraft and implement or adopt requirements as needed.
Entities governed by the Civil Aviation Act 1988, including CASA and aircraft operators, are bound by the requirements set forth in airworthiness directives. CASA must assess information from the State of Design, and if deemed necessary, issue an Australian AD to enforce the design state's requirements. Aircraft operators are obligated to comply with these directives to maintain their aircraft's airworthiness. This includes adhering to specific maintenance, repair, and operational procedures outlined in the ADs. Failure to comply with these directives can result in serious safety risks and potential legal consequences for both CASA and aircraft operators. The obligations extend to ensuring that the aircraft meet the safety standards set by both Australian and international regulations.
Violations of airworthiness directives can lead to significant legal repercussions. Under the Civil Aviation Act 1988, non-compliance with ADs may result in civil or criminal penalties. The specific penalties can vary depending on the severity of the breach and the circumstances involved. For instance, operating an aircraft that does not comply with an AD can lead to fines or imprisonment. CASA has the authority to enforce these regulations and can take action against non-compliant entities, including issuing fines, grounding aircraft, or pursuing legal action. These measures are crucial for upholding the high safety standards required in the aviation industry, ensuring that all aircraft operate within safe parameters and contribute to the overall safety of air navigation.