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 83/4, affecting De Havilland DH 83 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 83/4. 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 Parliament of Australia, was established to provide a comprehensive legislative framework for the regulation of civil aviation within Australia, aiming to ensure the safety and efficiency of air navigation. One of the mechanisms through which the Act achieves this is via the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments and serve as critical tools for maintaining the continuing airworthiness of aircraft types, aligning with international standards set by the Convention on International Civil Aviation. The Act empowers CASA to mandate requirements based on directives issued by the State of Design, ensuring that Australian aircraft meet necessary safety standards. This framework facilitates the harmonisation of international aviation safety standards within Australia, thereby addressing the problem of ensuring consistent and safe air navigation across different jurisdictions.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the safety of air navigation in Australia and provides the framework for the issuance of airworthiness directives (ADs). Under these regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs concerning specific types of aircraft or aeronautical products to ensure continuing airworthiness. These directives are legislative instruments that serve to implement the overarching responsibility of the State of Design for the airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, is responsible for ensuring that Australian-registered aircraft meet continuing airworthiness requirements, which may include issuing Australian ADs based on those issued by the State of Design. This regulatory mechanism ensures that Australian aviation aligns with international safety standards and practices. The process of issuing and cancelling ADs, as demonstrated in the case of AD/DH 83/4 for De Havilland DH 83 model aircraft, reflects CASA’s commitment to maintaining safety standards and adapting to changes in international regulations.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations for the Act's purpose and in the interest of air navigation safety. This authority is further detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. An AD, as defined by subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and is thus considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are crucial for maintaining the continuing airworthiness of aircraft as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the overall airworthiness of an aircraft type, must provide necessary information to the States of Registry. These States of Registry are then tasked with developing or adopting requirements to ensure the continuing airworthiness of individual aircraft. When an AD is issued by the State of Design, CASA, as Australia’s national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to enforce the State of Design’s requirements.
An example of this process is seen in AD/DH 83/4, issued by CASA in 2005 for De Havilland DH 83 model aircraft. This AD was based on UK AD G-2005-0025. With the UK, the State of Design, having now cancelled their AD, CASA has also cancelled AD/DH 83/4, effective from 10 April 2008. No replacement AD is necessary, as the UK Civil Aviation Authority has determined that normal maintenance practices will continue to ensure airworthiness.
There was no consultation with the Australian public regarding the cancellation of this AD, as 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. This AD cancellation was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Under the Civil Aviation Act 1988, breaches of ADs can result in serious consequences, including fines and imprisonment. The specific penalties are determined by the severity of the breach and are outlined in the relevant sections of the Act. Failure to comply with an AD can lead to civil penalties, including fines of up to $1.65 million for corporations and $330,000 for individuals, as well as criminal penalties for serious breaches, which may include imprisonment for up to five years. These stringent measures underscore the importance of adhering to airworthiness directives in ensuring the safety of air navigation.