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 87 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 87/2 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 Parliament of Australia, was introduced to establish a comprehensive framework for ensuring the safety and efficiency of civil aviation within Australia. This Act empowers the Governor-General to make regulations that promote the safety of air navigation. One of the key regulatory instruments under this Act is the issuance of airworthiness directives, which are governed by the Civil Aviation Safety Regulations 1998. These directives are critical for maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The objective of the Act, as evidenced by the issuance of such directives, is to ensure that Australian aviation authorities, such as CASA, can effectively manage and respond to safety concerns related to aircraft registered in Australia, thereby upholding both national and international safety standards.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide the legislative framework for ensuring air navigation safety in Australia, with a particular emphasis on the continuing airworthiness of aircraft. Under these regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. An AD is considered a legislative instrument under the Legislative Instruments Act 2003, subject to disallowance provisions. These directives are integral to maintaining airworthiness and are typically issued by the State of Design, with the State of Registry ensuring compliance on an individual aircraft level. In the case of the De Havilland DH 87 model aircraft, CASA has cancelled an Australian airworthiness directive following the cancellation of a corresponding directive by the UK Civil Aviation Authority, the State of Design. This cancellation reflects Australia's commitment to international standards under the Convention on International Civil Aviation and the specific obligations of the State of Registry. The process of issuing and cancelling such directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to make regulations for the purposes of the Act, primarily to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These ADs, as noted in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The ADs are a critical component of maintaining the continuing airworthiness of aircraft, aligning with Annex 8 to the Convention on International Civil Aviation, where the State of Design has the overarching responsibility for ensuring the airworthiness of an aircraft type.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 face specific obligations and requirements. The State of Design, such as the UK in this case, must provide necessary information to ensure the continuing airworthiness of aircraft types, with ADs serving as a common form of such information. The State of Registry, in this instance CASA for Australia, must assess the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to mandate the required safety measures. This ensures that all stakeholders are aware of and comply with the necessary safety standards.
In terms of consequences for non-compliance with the ADs, the Civil Aviation Safety Regulations 1998 outline potential offences and penalties. Although the specific penalties are not detailed in the provided text, it is clear that failure to adhere to the ADs can result in significant legal ramifications. These may include both civil and criminal penalties, with the exact penalties depending on the nature and severity of the breach. The legislative framework is designed to enforce stringent safety measures and ensure that all parties involved in the aviation industry comply with the stipulated regulations.
The cancellation of AD/DH 87/2 Amdt 1 by CASA, following the UK Civil Aviation Authority's cancellation of AD 002-03-98, exemplifies the process of managing airworthiness directives. The UK, as the State of Design, issued an AD affecting De Havilland DH 87 model aircraft, which CASA then assessed and subsequently cancelled the corresponding Australian AD. This cancellation became effective on 2 July 2009, with no replacement AD required due to the correction of the original unsafe condition through new advisory material and manufacturer’s data. Given that this cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation and responds directly to the State of Design's action, no consultation with the Australian public was necessary. The Office of Best Practice Regulation has also determined that ADs do not require a Regulatory Impact Statement. This entire process underscores the collaborative nature of international aviation safety standards and the role of CASA in ensuring compliance with these standards within Australia.