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 85 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 85/1 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, enacted by the Australian Parliament, serves to regulate the safety and efficiency of civil aviation in Australia. The Act was introduced to address the need for comprehensive regulations governing air navigation and aircraft operations to ensure public safety and national interests. Under section 98 of this Act, the Governor-General has the authority to make regulations necessary for air navigation safety. These regulations include the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are legislative instruments that mandate compliance to maintain the airworthiness of aircraft. The policy objective is to ensure that Australian aircraft meet international safety standards, particularly through the alignment with ICAO conventions, and to manage the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products, thereby contributing to the overarching goal of ensuring the safety of air navigation as stipulated in the Civil Aviation Act 1988. These ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs are designed to address the continuing airworthiness of aircraft, a responsibility assigned to the State of Design and the State of Registry under Annex 8 to the Convention on International Civil Aviation. The application of these regulations extends to all aircraft registered within Australia, with CASA acting as the national airworthiness authority responsible for enforcing these standards. The issuance and cancellation of ADs by CASA, such as the recent cancellation of Australian AD/DH 85/1 Amdt 1 following the UK Civil Aviation Authority's cancellation of AD 002-03-98, is conducted without public consultation due to the international obligations and specific circumstances surrounding the AD. This regulatory action is an example of how CASA aligns with global standards while maintaining the safety and airworthiness of aircraft registered in Australia.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are designed to ensure the safety of air navigation, aligning with the overarching aim of the Civil Aviation Act 1988 (section 98). The ADs are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003. This means that ADs carry legal weight and must be issued in accordance with the statutory requirements of these Acts.
The obligations placed on CASA, as the national airworthiness authority, include the responsibility to assess information provided by the State of Design and to issue corresponding ADs if necessary. For instance, when the United Kingdom Civil Aviation Authority (UK CAA) issued an AD affecting De Havilland DH 85 model aircraft, CASA assessed the cancellation of this AD and subsequently issued its own cancellation for Australian AD/DH 85/1 Amdt 1. This highlights CASA's role in maintaining the continuing airworthiness of aircraft registered in Australia, as mandated by Annex 8 to the Convention on International Civil Aviation.
Failing to comply with ADs can lead to severe consequences. While the specific provisions detailing offences and penalties are not outlined in the given text, generally, non-compliance with ADs may result in civil or criminal penalties under the Civil Aviation Act 1988. Such penalties could include fines or imprisonment, depending on the severity of the breach and the discretion of the court. In addition, the non-compliance could lead to the grounding of aircraft, thereby affecting flight operations and potentially compromising safety.
The ADs, including their issuance and cancellation, are governed by international standards and agreements, such as those outlined in the Convention on International Civil Aviation and Annex 8. This ensures a cohesive approach to airworthiness across different states. CASA’s process of issuing or cancelling ADs is meticulous and involves thorough assessments to ensure that any action taken aligns with international obligations and safety standards. The lack of public consultation in this specific case, as explained, is due to the nature of the AD being cancelled in response to an action by the relevant State of Design, adhering to international protocols.