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 82/3 affecting De Havilland DH 82 (Tiger Moth) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DH 82/3. The cancellation will become effective on 23 October 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 Australian Parliament, governs the regulation of civil aviation within the country. It empowers the Governor-General to issue regulations aimed at ensuring the safety of air navigation. Among these regulations are the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. ADs are legislative instruments that serve as the primary means for communicating continuing airworthiness information, as mandated by Annex 8 to the Convention on International Civil Aviation. These directives are issued to address safety concerns and ensure that aircraft remain airworthy throughout their operational lives.
In accordance with the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA has the authority to issue, amend, or cancel ADs as necessary. CASA issued an AD for the De Havilland DH 82 (Tiger Moth) model aeroplanes, but following a reassessment, it was determined that the unsafe condition no longer existed. Consequently, CASA cancelled the Australian AD/DH 82/3, effective 23 October 2008, without the need for a replacement AD. Given that this cancellation aligns with Australia's international obligations under the Convention on International Civil Aviation, there was no requirement for public consultation or the preparation of a Regulatory Impact Statement. The Manager, Airframe and Structures, in the Airworthiness Engineering Group of CASA, made this AD cancellation on behalf of CASA, in compliance with subsection 84A(2) of the Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, provide the authority for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs for specific types of aircraft or aeronautical products in order to maintain and ensure the safety of air navigation. According to the provisions of the Civil Aviation Safety Regulations 1998, particularly subregulation 39.001(5), ADs are classified as disallowable instruments under the Acts Interpretation Act 1901 and are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003. The application of these ADs is grounded in the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design retains overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the appropriate States of Registry. Conversely, the State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft by developing or adopting requisite requirements. The scope of these regulations extends to all entities and persons involved in the operation of aircraft within Australian jurisdiction, thereby affecting the aviation industry broadly. While the ADs are issued to enhance safety, no public consultation or regulatory impact assessment is required for their cancellation, as demonstrated by the case of the cancellation of Australian AD/DH 82/3 for De Havilland DH 82 (Tiger Moth) model aeroplanes.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) (s 98 and reg 39.001). These ADs are legislative instruments that aim to ensure the safety of air navigation. The Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products. These directives are a key mechanism for communicating continuing airworthiness information to the relevant stakeholders.
The obligations imposed by the Act and the Regulations on the parties or entities they govern include ensuring the continuing airworthiness of aircraft. The State of Design has the responsibility to provide necessary information to ensure the continuing airworthiness of an aircraft type (Annex 8 to the Convention on International Civil Aviation). The State of Registry is responsible for developing or adopting requirements to ensure the continuing airworthiness of individual aircraft. CASA, as part of its role, issues ADs to address specific safety concerns and to enforce compliance with airworthiness standards. The cancellation of ADs, such as the Australian AD/DH 82/3 for De Havilland DH 82 (Tiger Moth) aeroplanes, is also governed by these legislative provisions.
The legislation does not explicitly state specific offences or penalties for breach of the ADs. However, non-compliance with ADs could lead to serious safety risks and potential legal consequences. CASA has the authority to enforce compliance with ADs, and failure to adhere to these directives could result in regulatory actions, including fines or other penalties as prescribed under the Civil Aviation Act 1988. The exact penalties would depend on the nature and severity of the breach, as well as any additional regulations or guidelines that may apply.