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-76/43 affecting Sikorsky S-76A series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/S-76/43. 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, Systems and New Technologies, 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, provides the legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Pursuant to section 98 of the Act, the Governor-General has the authority to make regulations that align with the Act's objectives. The Civil Aviation Safety Regulations 1998, established under this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is exercised in accordance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, plays a crucial role in ensuring that Australian aircraft meet the necessary safety standards by assessing and, if appropriate, issuing Australian ADs that reflect the requirements of the State of Design.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, as per the Legislative Instruments Act 2003, and are intended to ensure the continuing airworthiness of aircraft registered in Australia. The authority to issue these directives stems from section 98 of the Civil Aviation Act 1988, empowering the Governor-General to make regulations in the interests of air navigation safety. The scope of these regulations extends across Australia, with CASA acting as the national airworthiness authority responsible for assessing and implementing ADs issued by States of Design, in accordance with international obligations under the Convention on International Civil Aviation. The ADs serve to mandate safety requirements, and when a State of Design issues an AD affecting an aircraft type on the Australian Register, CASA must evaluate and, if necessary, issue a corresponding Australian AD. In the specific case of AD/S-76/43 affecting Sikorsky S-76A series Helicopters, CASA has assessed and subsequently cancelled the directive, effective from 2 July 2009, as the unsafe condition it addressed no longer exists. The cancellation process aligns with Australia's commitments under the Convention, and no public consultation or Regulatory Impact Statement was required.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 (paragraphs 1-4). These ADs serve as enforceable regulations designed to ensure the continuing airworthiness of aircraft and aeronautical products. According to subregulation 39.001(5), these directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, meaning they fall within the scope of legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed on the parties governed by these regulations are primarily centred around compliance with the airworthiness directives issued by CASA. The State of Design, which is the country where the aircraft is designed, must provide necessary information to ensure the aircraft's continuing airworthiness. This responsibility is in line with Annex 8 to the Convention on International Civil Aviation. Similarly, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to maintain the aircraft’s airworthiness. CASA, acting as Australia’s national airworthiness authority, is tasked with assessing information provided by the State of Design and issuing corresponding Australian ADs when necessary.
Breaching the obligations outlined in these regulations can lead to significant consequences. Although the specific penalties are not detailed in the provided text, non-compliance with airworthiness directives can generally result in severe civil or criminal penalties. Such penalties might include fines, suspension or revocation of airworthiness certificates, and potential legal action against the entities responsible for the non-compliance. The severity of these penalties underscores the importance of adhering to the ADs issued by CASA to ensure the safety of air navigation.
In conclusion, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 mandate the issuance of airworthiness directives to maintain the safety and airworthiness of aircraft within Australia. The obligations on the State of Design and the State of Registry to provide and comply with these directives are crucial for ensuring that aircraft meet the necessary safety standards. Non-compliance with these directives can result in substantial penalties, highlighting the importance of adherence to these regulatory requirements.