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 82 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 82/11 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 was enacted to provide for the safety of air navigation in Australia and to establish the Civil Aviation Safety Authority (CASA) as the national airworthiness authority. This Act allows the Governor-General to make regulations to ensure air navigation safety, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs, which are legislative instruments, are issued to address safety concerns and ensure the continuing airworthiness of aircraft registered in Australia. These directives are critical as they align with the international obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design and the State of Registry collaborate to maintain aircraft airworthiness. The ADs are a common form of continuing airworthiness information, issued by ICAO Contracting States, and CASA must respond to ADs issued by the State of Design to ensure compliance with international standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the safety and airworthiness of aircraft in Australia, with regulation 39.001 specifically enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives are legislative instruments that apply to specific types of aircraft or aeronautical products within Australia, thereby ensuring adherence to national and international standards for airworthiness. The ADs serve as a means to maintain the safety of air navigation, aligning with Australia's obligations under the Convention on International Civil Aviation. The State of Registry, which in this context is Australia, is tasked with ensuring the continuing airworthiness of registered aircraft, often by issuing or endorsing ADs in response to directives from the State of Design, such as the UK in the case of the De Havilland DH 82 model aircraft. Exemptions or cancellations of ADs, such as the recent cancellation of Australian AD/DH 82/11 Amdt 1, are made without public consultation as they are based on international agreements and actions taken by the responsible State of Design.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further stipulates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is considered a legislative instrument under the Legislative Instruments Act 2003 and is subject to disallowance under section 46A of the Acts Interpretation Act 1901.
Under these regulations, the State of Design bears the responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is accountable for the ongoing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. This ensures that the airworthiness requirements mandated by the State of Design are enforced in Australia.
The obligations imposed on the parties governed by these regulations include the requirement for CASA to assess and respond to any ADs issued by the State of Design. For example, in response to the cancellation of AD 002-03-98 by the UK Civil Aviation Authority (CAA) for De Havilland DH 82 model aircraft, CASA has issued a corresponding cancellation for Australian AD/DH 82/11 Amdt 1. These actions are taken without public consultation due to the international obligations under the Convention on International Civil Aviation and the nature of the AD cancellation.
There are significant consequences for breaches of these regulations. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide for both civil and criminal penalties for non-compliance with ADs. Civil penalties can include fines, while criminal penalties may involve imprisonment. The specific penalties depend on the nature and severity of the breach, with the maximum penalties outlined in the relevant sections of the Act and Regulations. Non-compliance with ADs can also result in the grounding of aircraft, which poses a serious risk to aviation safety.