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 84/2 Amdt 2 affecting De Havilland DH 84 (Dragon) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DH 84/2 Amdt 2. 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 was enacted to ensure the safety and efficiency of civil aviation in Australia. Under this Act, the Civil Aviation Safety Regulations 1998 were established to govern various aspects of civil aviation, including the issuance of airworthiness directives (ADs). These directives serve as a crucial tool for ensuring that aircraft and aeronautical products maintain their airworthiness. ADs are issued by the Civil Aviation Safety Authority (CASA) to address safety concerns and ensure compliance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The Act empowers the Governor-General to make necessary regulations, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises CASA to issue ADs for certain types of aircraft and aeronautical products. The policy objective of these regulations is to uphold the highest safety standards in civil aviation, thereby protecting public safety and maintaining Australia's commitment to international aviation safety protocols.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework under which airworthiness directives (ADs) are issued in Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, thereby ensuring the continuing airworthiness of these entities in alignment with international standards. The ADs are legislative instruments subject to disallowance and oversight under the Legislative Instruments Act 2003. These directives are vital in maintaining safety standards as per Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type, while the State of Registry ensures the individual aircraft's airworthiness. In the case of the De Havilland DH 84 (Dragon) model aeroplanes, CASA issued and subsequently cancelled AD/DH 84/2 Amdt 2 due to the resolution of the unsafe condition, effective from 23 October 2008, without the need for public consultation or a Regulatory Impact Statement. The AD cancellation was executed in accordance with the Act, fulfilling Australia's international obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 specifies that CASA can issue ADs for types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are disallowable instruments as per section 46A of the Acts Interpretation Act 1901.
Under the Civil Aviation Safety Regulations 1998, the obligations imposed on CASA include the issuance of ADs to ensure the continuing airworthiness of aircraft types. These ADs must align with the obligations of the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for providing necessary information to ensure airworthiness, while the State of Registry must develop or adopt requirements to maintain the airworthiness of individual aircraft. CASA, as the State of Registry, must ensure compliance with these international standards through the issuance of relevant ADs.
Failure to comply with ADs can lead to significant consequences. While the specific penalties are not detailed in the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998, non-compliance with ADs can result in civil or criminal penalties under other aviation legislation. Such penalties can include fines, imprisonment, or both, depending on the severity of the breach and the specific regulations violated. The safety of air navigation is paramount, and violations can also result in the grounding of aircraft, further impacting operations and safety.
In the case of the De Havilland DH 84 (Dragon) model aeroplanes, CASA issued AD/DH 84/2 Amdt 2, which has since been cancelled due to the resolution of the unsafe condition. The cancellation of this AD reflects Australia's commitment to international obligations under the Convention on International Civil Aviation and ensures that only necessary and current ADs are in effect. The process of cancelling an AD, as in this case, does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The cancellation of Australian AD/DH 84/2 Amdt 2 was 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.