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 89/2 affecting De Havilland DH 89 (Dragon Rapide) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DH 89/2. 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 provide a comprehensive framework for the regulation of civil aviation in Australia, with a particular focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives, in the interests of safety. In accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue such directives for specific kinds of aircraft or aeronautical products. The Civil Aviation Safety Authority has recently cancelled Australian AD/DH 89/2, an airworthiness directive affecting De Havilland DH 89 (Dragon Rapide) model aeroplanes, due to the resolution of the unsafe condition it was intended to address. This cancellation, which will become effective on 23 October 2008, aligns with Australia's obligations under the Convention on International Civil Aviation, under which the State of Design has overall responsibility for the continuing airworthiness of an aircraft type. Consequently, no consultation with the Australian public or preparation of a Regulatory Impact Statement was deemed necessary for this cancellation.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes a comprehensive framework for the regulation of airworthiness directives (ADs) within Australia. Pursuant to section 98 of the Act, the Governor-General has the authority to enact regulations aimed at ensuring the safety of air navigation, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they constitute legislative instruments as per section 6 of the Legislative Instruments Act 2003. The ADs are primarily designed to ensure the continuing airworthiness of aircraft as mandated under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the overall airworthiness of an aircraft type. Meanwhile, the State of Registry must ensure the continuing airworthiness of individual aircraft. The regulatory framework does not mandate public consultation for ADs, and the Office of Best Practice Regulation has determined that these instruments do not require a Regulatory Impact Statement. The authority to issue these ADs is exercised by CASA, with specific actions being authorised under subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are instruments of legislative significance, as stipulated in subregulation 39.001(5) and further defined by the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Such directives play a crucial role in ensuring the continuing airworthiness of aircraft, aligning with international standards under Annex 8 to the Convention on International Civil Aviation. Under this regulatory framework, the State of Design is tasked with providing necessary information to support the ongoing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must implement requirements to maintain the airworthiness of individual aircraft.
The obligations imposed on the entities governed by these regulations are multifaceted. CASA, as the State of Registry, is mandated to issue ADs that address safety concerns identified in aircraft or aeronautical products. This obligation extends to ensuring that ADs comply with international obligations and standards, as outlined in Annex 8. CASA is also responsible for regularly assessing the need for ADs and for cancelling such directives when the identified unsafe conditions no longer exist. This ensures that the regulatory framework remains both relevant and effective in maintaining the highest safety standards.
Breaches of the Civil Aviation (Safety) Regulations 1998 and the Civil Aviation Act 1988 can result in significant civil and criminal consequences. Non-compliance with ADs can lead to enforcement actions by CASA, potentially resulting in fines and other penalties. For example, under section 44 of the Civil Aviation Act 1988, CASA can impose financial penalties for non-compliance, with maximum fines reaching up to $222,200 for individuals and $1,111,000 for corporations, depending on the severity of the breach. Additionally, in cases where non-compliance leads to serious accidents or safety incidents, criminal charges may be pursued, potentially resulting in imprisonment. These stringent measures underscore the importance of adhering to the safety regulations outlined in the Act and the Regulations.