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.
CASA issued AD/DH 60/8, affecting De Havilland DH 60 model aircraft in 2005. This AD was based on UK AD G-2005-0025. The UK, the State of Design for this type, has now cancelled their AD. As a result, CASA has cancelled AD/DH 60/8. The cancellation will become effective on 10 April 2008. No replacement AD is required, as the UK CAA has determined that normal maintenance practices will ensure airworthiness.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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 in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was introduced to ensure the safety of air navigation in Australia, addressing the need for a robust regulatory framework governing civil aviation. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 further detailing operational aspects, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Regulation 39.001 specifically allows CASA to issue ADs concerning kinds of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The Civil Aviation Act 1988 thus provides a legislative foundation for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO) and ensuring compliance with the responsibilities of both the State of Design and the State of Registry for aircraft types registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. These ADs are legislative instruments and are subject to disallowance as per section 46A of the Acts Interpretation Act 1901. The ADs are an integral part of maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility of airworthiness on the State of Design and the State of Registry. In the case of Australia, CASA, as the national airworthiness authority, is tasked with assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to ensure compliance with airworthiness standards. The process of issuing and cancelling ADs is crucial for maintaining safety standards, as demonstrated by the cancellation of AD/DH 60/8 for De Havilland DH 60 model aircraft in 2008, following the UK Civil Aviation Authority's decision to cancel their corresponding AD. This cancellation, effective from 10 April 2008, reflects the determination that normal maintenance practices would ensure the aircraft's airworthiness, thereby reducing regulatory burden without the need for a Regulatory Impact Statement or public consultation.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Act empowers the Governor-General to make regulations in the interest of safety, while regulation 39.001 of the Regulations permits the Civil Aviation Safety Authority (CASA) to issue ADs for specified types of aircraft or aeronautical products. This regulatory authority is further delineated by subregulation 39.001(5), which classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby solidifying their status as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation require the State of Design, which is the country where an aircraft type is designed, to ensure the continuing airworthiness of that aircraft type and to furnish any necessary information to the States of Registry, which are the countries where the aircraft are registered. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has a primary responsibility for maintaining airworthiness, while the State of Registry must establish or adopt regulations to ensure the continuing airworthiness of registered aircraft. For instance, when the UK, as the State of Design for the De Havilland DH 60 model, issued an AD, CASA, as Australia’s national airworthiness authority, was required to review this directive and issue a corresponding Australian AD if deemed necessary.
In the specific case of AD/DH 60/8, issued in 2005 based on a UK AD, CASA assessed the situation when the UK subsequently cancelled their directive. As the UK Civil Aviation Authority determined that existing maintenance practices would suffice to maintain airworthiness, CASA concluded that a replacement AD was unnecessary and cancelled AD/DH 60/8. The cancellation took effect on 10 April 2008, with no requirement for public consultation as it resulted in a reduction of regulatory burden. Furthermore, the Office of Best Practice Regulation found that ADs do not necessitate a Regulatory Impact Statement.
Any breach of the provisions in the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 may lead to various civil or criminal consequences. The maximum penalties for non-compliance with these regulations can include substantial fines and, in some cases, imprisonment. The specific penalties depend on the nature and severity of the breach, with the Act providing for enforcement actions by CASA to ensure adherence to the safety standards prescribed therein.