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 UK CAA has cancelled AD 002-03-98 affecting De Havilland DH 60 model aircraft. The UK is the State of Design for this type. CASA has assessed this cancellation and as a result has cancelled Australian AD/DH 60/5 Amdt 1. The cancellation will become effective on 2 July 2009. No replacement AD is required, as the original unsafe condition has now been corrected with new advisory material and manufacturer’s data.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, 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, Airframes & 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, addresses the need for comprehensive regulation of civil aviation safety within Australia. This Act allows the Governor-General to establish regulations under section 98 to ensure the safety of air navigation. One significant component of this legislative framework is the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft and aeronautical products. These ADs are intended to mandate safety requirements and ensure the continuing airworthiness of aircraft registered in Australia. The ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to certain parliamentary scrutiny processes. The policy objective of these regulations is to harmonise with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, thereby maintaining Australia's commitment to global aviation safety.
Scope and Application
The Civil Aviation Act 1988 and associated Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) in Australia. These regulations apply to all aircraft and aeronautical products registered in Australia, and they are designed to ensure the continuing airworthiness of these aircraft. Under regulation 39.001, CASA has the authority to issue ADs for specific types of aircraft or aeronautical products. This authority is exercised in accordance with international standards set by the International Civil Aviation Organization (ICAO), with the State of Design having the primary responsibility for the airworthiness of an aircraft type and the State of Registry ensuring the continuing airworthiness of individual aircraft registered within its territory. The issuance of ADs is a legislative instrument under the Legislative Instruments Act 2003, and they are subject to disallowance under the Acts Interpretation Act 1901. The scope of the ADs extends to the entire Commonwealth of Australia, affecting all entities involved in the design, registration, and operation of aircraft within this jurisdiction. There are no stated exclusions or exemptions in the application of these regulations, as they apply universally to all aircraft and aeronautical products registered in Australia. Subordinate instruments may further define the application and enforcement of ADs, ensuring compliance with both national and international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Furthermore, an AD is considered a legislative instrument as it is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations are significant for both CASA and the aircraft operators. CASA, as Australia's national airworthiness authority, has the responsibility to assess information provided by the State of Design and, if necessary, issue corresponding ADs to ensure the continuing airworthiness of aircraft registered in Australia. This includes the obligation to cancel existing ADs when the State of Design cancels them, as demonstrated in the case of AD 002-03-98 affecting De Havilland DH 60 model aircraft. The State of Registry, which is the entity responsible for the continuing airworthiness of individual aircraft, must comply with the ADs issued by CASA.
Failure to comply with the requirements of ADs can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can be considered an offence, potentially leading to criminal charges. Additionally, civil penalties may apply, including fines, depending on the severity and circumstances of the breach. The specific penalties for non-compliance are not detailed in the provided text, but they can be significant, reflecting the critical nature of airworthiness directives in maintaining aviation safety.
The process of issuing or cancelling ADs is also governed by international obligations under the Convention on International Civil Aviation. The State of Design, in this case the UK, has the responsibility to provide necessary information to ensure the continuing airworthiness of aircraft types, and ADs serve as a primary means of communicating this information. The cancellation of an AD by the State of Design triggers a corresponding action by CASA, as seen in the cancellation of Australian AD/DH 60/5 Amdt 1, without the need for public consultation or a Regulatory Impact Statement. This ensures that Australian regulations align with international standards and practices, thereby maintaining a consistent approach to aviation safety.