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.
The Civil Aviation Safety Authority or its predecessors issued AD/DH 104/2 affecting De Havilland DH 104 (Dove) model aeroplanes fitted with Siebe Gorman safety belts. CASA has assessed this AD and as a result has cancelled Australian AD/DH 104/2. The cancellation will become effective on 20 November 2008. 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, serves as the primary legislative framework for the regulation of civil aviation in Australia. This Act was introduced to establish a comprehensive system for ensuring the safety and efficiency of civil aviation, addressing gaps in previous aviation regulations. Under the authority granted by the Act, the Civil Aviation Safety Regulations 1998 were developed to provide further detail on operational standards and safety requirements. One key aspect of these regulations is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are designed to maintain the airworthiness of aircraft and aeronautical products. These ADs are issued in line with Australia's commitments under the Convention on International Civil Aviation, specifically Annex 8, which outlines the responsibilities of the State of Design and the State of Registry concerning aircraft airworthiness. Recently, CASA cancelled an existing airworthiness directive (AD/DH 104/2) pertaining to De Havilland DH 104 (Dove) model aeroplanes fitted with Siebe Gorman safety belts, effective from 20 November 2008, due to the resolution of the associated safety concerns.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides a legislative 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 specific types of aircraft or aeronautical products, establishing these directives as legislative instruments under section 46A of the Acts Interpretation Act 1901. These ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Registry, which in Australia is CASA. Annex 8 of the Convention on International Civil Aviation further reinforces the role of the State of Design in providing necessary information for the continuing airworthiness of aircraft types. The geographic reach of these regulations is national, impacting all aircraft and aeronautical products registered in Australia, and adhering to international standards set by ICAO Contracting States. While ADs are critical, the cancellation of an AD such as Australian AD/DH 104/2 for De Havilland DH 104 (Dove) model aeroplanes, due to resolved safety concerns, does not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the framework for issuing airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act, which in this case includes the issuance of ADs to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 explicitly allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore constitute legislative instruments under section 6 of the Legislative Instruments Act 2003.
These ADs are integral to ensuring the continuing airworthiness of aircraft, a responsibility that falls on the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type to the appropriate State of Registry, which in turn must develop or adopt requirements to maintain airworthiness. In Australia, CASA has historically issued ADs such as AD/DH 104/2 for De Havilland DH 104 (Dove) model aeroplanes. However, CASA has since assessed and cancelled Australian AD/DH 104/2, effective from 20 November 2008, due to the resolution of the unsafe condition that originally prompted the directive.
Compliance with international obligations under the Convention on International Civil Aviation meant that no consultation with the Australian public was necessary regarding this cancellation, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD in question was 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.
In terms of legal consequences, any failure to comply with an AD can result in serious civil or criminal penalties. CASA has the authority to enforce compliance and may take action against operators who do not adhere to ADs, which could include fines or suspension of airworthiness certificates. The exact penalties vary depending on the severity of the non-compliance and the specific provisions of the AD in question.