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 87/1 affecting De Havilland DH 87 model aircraft in 1982. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
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 was enacted to establish a framework for the regulation of civil aviation in Australia, focusing on ensuring the safety and efficiency of air navigation. One of the significant regulatory tools under this Act is the issuance of airworthiness directives (ADs), which are made by the Civil Aviation Safety Authority (CASA) to address safety concerns related to aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 further elaborate on the procedure for issuing these directives. According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to enact these regulations in the interest of air navigation safety. The policy objective underpinning this legislative framework is to maintain and enhance the safety standards of civil aviation within Australia, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). This approach aims to harmonise Australia's civil aviation safety regulations with global practices while addressing specific local safety concerns.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory mechanism is integral to ensuring the safety of air navigation and is underpinned by international standards, particularly Annex 8 to the Convention on International Civil Aviation. ADs serve as a primary means of communication for continuing airworthiness information, which is essential for both the State of Design and the State of Registry to uphold. In the case of aircraft registered in Australia, CASA, as the national airworthiness authority, must evaluate and, if necessary, implement Australian ADs to align with directives from the State of Design. This legislative framework ensures that the safety standards and requirements for aircraft types are consistently monitored and enforced across the Commonwealth. The ADs are legislative instruments subject to disallowance and review processes, ensuring that they remain relevant and effective in maintaining air safety.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives are legislative instruments (section 6 of the Legislative Instruments Act 2003) and are crucial for maintaining the continuing airworthiness of aircraft types and aeronautical products. The State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type, as per Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to the State of Registry, which is responsible for ensuring the airworthiness of individual aircraft within its registry. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must review the information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA is obligated to assess any AD issued by a State of Design that pertains to aircraft registered in Australia. This involves ensuring that the AD's requirements are suitable and necessary for maintaining the continuing airworthiness of the aircraft. CASA must then issue an Australian AD if it finds the requirements to be appropriate. This process ensures that Australian aircraft meet international safety standards and are airworthy. The State of Registry, in this case, CASA, must also ensure that the AD is properly communicated to all relevant parties, including aircraft owners and operators, to ensure compliance.
Failure to comply with an AD can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines and imprisonment. Specifically, section 136 of the Act provides that an offence against certain regulations can result in fines and imprisonment. The maximum penalties for serious offences can be significant, reflecting the importance of air safety. Additionally, non-compliance can lead to the grounding of an aircraft, which can have serious operational and financial implications for the aircraft owner or operator.
In the case of the cancellation of AD/DH 87/1 affecting De Havilland DH 87 model aircraft, CASA reviewed the directive and determined that it was no longer necessary because the original unsafe condition had been addressed by another AD. The cancellation of this AD will become effective on 17 January 2008. This cancellation reduces the regulatory burden without necessitating consultation with the Australian public or the preparation of a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD was issued by the Manager, Airframes, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.