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-76/47 affecting Sikorsky S-76A series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/S-76/47. 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 Parliament of Australia, establishes the framework for ensuring the safety of air navigation and addresses various aspects of civil aviation within Australia. The Act provides the authority for the issuance of regulations that contribute to the overall safety and management of aviation activities. Specifically, the Civil Aviation Safety Regulations 1998, made under the Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These ADs are legislative instruments that are integral to maintaining the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The policy objective is to ensure that Australian aviation authorities enforce necessary safety measures in accordance with international obligations and standards. The authority to issue such directives ensures that CASA can mandate requirements to address safety issues effectively, reflecting the commitment to maintaining high safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to all individuals, entities, and aircraft within Australia that are involved in air navigation, ensuring the safety and airworthiness of aircraft and aeronautical products. The Act and its regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, which are legislative instruments that can be disallowed under the Acts Interpretation Act 1901. These directives are essential for the continuing airworthiness of aircraft types and are issued in accordance with the Convention on International Civil Aviation. The State of Design, where the aircraft is designed, is responsible for issuing ADs, and the State of Registry, where the aircraft is registered, must ensure its continuing airworthiness. CASA, as Australia’s national airworthiness authority, is mandated to assess ADs from the State of Design and issue Australian ADs if necessary. In this instance, CASA cancelled Australian AD/S-76/47 for Sikorsky S-76A series helicopters as the unsafe condition no longer exists, in line with international obligations, and no public consultation or Regulatory Impact Statement was required.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to establish regulations that serve the interests of air navigation safety. One such regulation is 39.001 of the Civil Aviation Safety Regulations 1998, which permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in section 6 of the Legislative Instruments Act 2003, and are disallowable under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Civil Aviation Safety Regulations 1998 require CASA to assess and potentially issue Australian ADs in response to directives issued by the State of Design, particularly when these pertain to aircraft registered in Australia. This process ensures that Australian-registered aircraft comply with international standards of airworthiness as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must ensure that each aircraft registered in Australia maintains its airworthiness through the implementation of these directives. This responsibility includes developing or adopting necessary requirements to maintain airworthiness, and in cases where a State of Design issues an AD, CASA must evaluate and, if necessary, mandate these requirements through an Australian AD.
In relation to AD/S-76/47, CASA issued this directive for Sikorsky S-76A series helicopters, but has since cancelled it. The cancellation, effective from 2 July 2009, is due to the unsafe condition no longer existing, thus negating the need for a replacement AD. Given the nature of the cancellation, it did not require consultation with the Australian public or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The Manager, Systems and New Technologies, in the Airworthiness Engineering Group, issued the cancellation on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Failure to comply with ADs can lead to significant consequences. Under section 226 of the Civil Aviation Act 1988, non-compliance may result in a range of penalties, including fines and imprisonment. For instance, section 231 imposes penalties for operating an aircraft in a non-airworthy condition, while section 232 penalises the failure to comply with airworthiness directives. The specific penalties vary depending on the severity of the non-compliance but can include substantial fines and imprisonment terms up to several years. Such stringent measures underscore the importance of adhering to airworthiness directives to ensure the safety of air navigation.