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 89/4, affecting De Havilland DH 89 model aircraft in 2005. This AD was based on UK AD G-2005-0025. The UK, the State of Design for this type, has now cancelled their AD. As a result, CASA has cancelled AD/DH 89/4. The cancellation will become effective on 10 April 2008. No replacement AD is required, as the UK CAA has determined that normal maintenance practices will ensure airworthiness.
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 provide a comprehensive legal framework for civil aviation in Australia, addressing various aspects of aviation safety, regulation, and administration. One significant feature of this Act is the authority it grants to the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, aimed at ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby maintaining the continuing airworthiness of aircraft. This legislative framework aligns with international standards set by the International Civil Aviation Organization (ICAO), ensuring that Australia's aviation safety measures are consistent with global practices. The policy objective of these regulations is to enhance aviation safety by providing clear and enforceable standards for the maintenance and operation of aircraft within Australia.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, governs the regulation of airworthiness directives (ADs) in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. A significant feature of these regulations is the requirement for the State of Registry, in this case CASA, to mandate the requirements of the State of Design when an AD is issued against an aircraft type registered in Australia. This ensures that all necessary measures are taken to maintain the airworthiness of aircraft registered in Australia. The Act and the Regulations apply to all persons and entities involved in the operation of aircraft registered in Australia, as well as to the aircraft themselves. This includes aircraft owners, operators, and maintenance personnel. The geographic reach of these regulations is national, as they apply to all aircraft registered within Australia. There are no stated exclusions, exemptions, or thresholds specified in the Act or the Regulations regarding ADs. The issuance and cancellation of ADs can be further detailed through subordinate instruments, which are legislative instruments in their own right. For example, the cancellation of AD/DH 89/4, which affected De Havilland DH 89 model aircraft, was carried out by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the legislative framework provided.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations for air navigation safety, while regulation 39.001 specifies that the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. Importantly, these directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, legislative instruments as defined by the Legislative Instruments Act 2003.
The obligations under these regulations are multifaceted. The State of Design, typically the country where the aircraft was designed, is responsible for ensuring the continuing airworthiness of the aircraft type, providing necessary information to other states that register such aircraft. The State of Registry, in this case Australia, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. When the State of Design issues an AD, CASA must review this information and, if necessary, issue a corresponding AD for Australian-registered aircraft.
Failure to comply with ADs can result in significant consequences. While specific offences and penalties are not detailed within the excerpt, the general expectation is that non-compliance with airworthiness directives can lead to substantial civil or criminal penalties. The severity of these penalties would likely depend on the extent of the non-compliance and its impact on aviation safety. Additionally, as ADs are legislative instruments, their issuance and enforcement are subject to the rigorous oversight provided by the Legislative Instruments Act 2003, ensuring that they are both necessary and proportionate in achieving their safety objectives.
In the particular case of AD/DH 89/4, which was based on a UK AD, CASA followed the necessary steps to cancel the directive once the State of Design did the same. This cancellation is effective from 10 April 2008, with no replacement AD required because the UK Civil Aviation Authority determined that normal maintenance practices would ensure airworthiness. This process highlights the collaborative nature of international aviation safety regulations and the importance of harmonised actions among different states.