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 83 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 83/1. 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 issues pertaining to the safety of air navigation and the regulation of civil aviation activities within Australia. This Act empowers the Governor-General to make regulations that ensure the safety of air navigation, as exemplified by the Civil Aviation Safety Regulations 1998. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. ADs are legislative instruments that play a crucial role in maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The authority to issue these directives is exercised under the oversight of the State of Design, which is responsible for ensuring the airworthiness of a particular aircraft type, and the State of Registry, which must ensure the airworthiness of individual aircraft within its jurisdiction. This legislative framework aims to harmonise Australia's regulatory environment with global aviation safety standards, thereby enhancing the safety and efficiency of civil aviation operations.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to enact regulations aimed at ensuring the safety of air navigation. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring compliance with safety standards and maintaining the continuing airworthiness of aircraft registered in Australia. Each AD is a legislative instrument, subject to disallowance and review as stipulated by the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve to implement the obligations of the Convention on International Civil Aviation, particularly Annex 8, which mandates the State of Design to provide necessary information to ensure continuing airworthiness, while the State of Registry must enforce these directives for individual aircraft. The issuance and cancellation of ADs by CASA are in response to international directives and assessments, ensuring that Australian regulations align with global safety standards and practices.
Key Provisions
The key provisions of the Civil Aviation Safety Regulations 1998, as they pertain to airworthiness directives (ADs), are contained in regulation 39.001. This regulation allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003 and are designed to ensure the safety of air navigation, in accordance with section 98 of the Civil Aviation Act 1988. Under subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties governed by them include ensuring the continuing airworthiness of aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design has the overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. In turn, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When CASA, as Australia's national airworthiness authority, receives an AD from the State of Design, it must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Failure to comply with ADs can result in various consequences. The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 do not explicitly state the penalties for non-compliance with ADs, but such non-compliance can lead to civil and criminal consequences. Civil penalties can include fines, while criminal penalties can include imprisonment, depending on the severity of the breach and the discretion of the court. The maximum penalties for offences under the Civil Aviation Act 1988 can be found in the relevant sections of the Act and can vary significantly based on the nature and extent of the offence. Furthermore, the failure to adhere to ADs can result in the grounding of aircraft, which can have severe financial and operational consequences for operators.
The cancellation of Australian AD/DH 83/1, which pertains to De Havilland DH 83 model aircraft, illustrates the application of these regulations. The UK Civil Aviation Authority (CAA) cancelled AD 002-03-98, and CASA, after assessing the cancellation, issued the corresponding Australian AD cancellation. This cancellation became effective on 2 July 2009, and no replacement AD was required as the original unsafe condition had been corrected with new advisory material and manufacturer's data. Because the AD was cancelled in response to an AD raised by the relevant State of Design, and as it aligns with Australia's obligations under the Convention on International Civil Aviation, no consultation with the Australian public was necessary. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.