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 89/3 affecting De Havilland DH 89 (Dragon Rapide) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DH 89/3. 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, enacted by the Australian Parliament, was introduced to establish a comprehensive regulatory framework for civil aviation within Australia, ensuring the safety and efficiency of air navigation. One of the key mechanisms provided by this Act is the authority for the Governor-General to make regulations that support the Act's objectives, including the issuance of airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue directives for the continued airworthiness of aircraft and aeronautical products, thereby maintaining safety standards in line with international obligations. The policy objective behind these provisions is to align Australian civil aviation practices with international standards, particularly those set by the International Civil Aviation Organization (ICAO), ensuring that Australia meets its commitments under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the framework within which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs) to ensure the safety of air navigation. These ADs apply to specific kinds of aircraft or aeronautical products, and are mandated under regulation 39.001 of the Civil Aviation Safety Regulations 1998. Such directives are legislative instruments as per section 6 of the Legislative Instruments Act 2003, and they serve as a critical means for continuing airworthiness information. The State of Registry is responsible for the continuing airworthiness of individual aircraft, while the State of Design must provide necessary information to ensure the airworthiness of aircraft types, as stipulated in Annex 8 to the Convention on International Civil Aviation. This legislative and regulatory framework ensures that ADs align with international standards and are issued to address safety concerns as they arise.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to make regulations for the Act's purposes, particularly in the interest of air navigation safety. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 39.001(5) of these regulations specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, under section 6 of the Legislative Instruments Act 2003, an AD is considered a legislative instrument. This means that ADs have the force of law and must be followed as per the regulations.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are primarily centred on ensuring the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design bears overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to appropriate States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft within its jurisdiction. This includes following any ADs issued by CASA or its predecessors. For instance, CASA issued AD/DH 89/3 for De Havilland DH 89 (Dragon Rapide) model aeroplanes, but has since cancelled Australian AD/DH 89/3 due to the resolution of the unsafe condition identified.
The cancellation of the AD/DH 89/3 was a result of Australia’s obligations under the Convention on International Civil Aviation, and thus, there was no consultation with the Australian public regarding this AD cancellation. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD 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.
Failure to comply with the ADs can lead to various civil and criminal consequences. Although the specific penalties are not detailed in the provided text, generally, non-compliance with ADs can result in civil penalties, including fines, and in severe cases, criminal penalties. The exact penalties would depend on the specific nature and severity of the breach, as well as the provisions of other relevant legislation. The overarching goal of these regulations is to maintain the highest safety standards in air navigation.