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-90/1 affecting De Havilland DH-90 (Dragonfly) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DH-90/1. 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, Systems and New Technologies, 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 for the regulation of civil aviation and to ensure the safety of air navigation in Australia. The Act empowers the Governor-General to make regulations necessary for the purposes of the Act, with a primary focus on safety. One such regulation, Regulation 39.001 of the Civil Aviation Safety Regulations 1998, authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulatory framework aligns with the broader international obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design with the responsibility for ensuring the continuing airworthiness of aircraft types. In accordance with these international standards, CASA issued and subsequently cancelled Australian AD/DH-90/1 concerning De Havilland DH-90 (Dragonfly) aeroplanes, reflecting the resolution of the unsafe condition that originally prompted the directive. This cancellation, executed by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group on behalf of CASA, complies with the legislative requirements and underscores the commitment to international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that pertain to specific types of aircraft or aeronautical products. These ADs serve as a legislative instrument, subject to disallowance as outlined in section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The scope of these directives is broad, extending to all entities involved in the design, production, maintenance, and operation of aircraft within Australia, ensuring that they comply with the continuing airworthiness standards mandated under Annex 8 of the Convention on International Civil Aviation. While the State of Design retains overarching responsibility for the airworthiness of an aircraft type, the State of Registry is tasked with implementing and enforcing these standards. The cancellation of a specific airworthiness directive, such as AD/DH-90/1 for De Havilland DH-90 aeroplanes, reflects Australia's adherence to international obligations and the cessation of a previously identified unsafe condition, thereby obviating the need for public consultation or a Regulatory Impact Statement. The ADs are issued by CASA under the authority vested in the Manager, Systems and New Technologies, within the Airworthiness Engineering Group.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include section 98 of the Act, which grants the Governor-General the authority to create regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Section 39.001(5) of the Regulations clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, therefore, a legislative instrument as defined in the Legislative Instruments Act 2003.
The obligations and requirements imposed by these provisions involve ensuring the continuing airworthiness of aircraft. The State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation, bears overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. In Australia, CASA has the responsibility to issue ADs, such as AD/DH-90/1 concerning De Havilland DH-90 (Dragonfly) model aeroplanes. In this instance, CASA assessed and subsequently cancelled Australian AD/DH-90/1 due to the resolution of the unsafe condition it was addressing.
The consequences for non-compliance with these ADs or the failure to ensure continuing airworthiness are significant. Although the text does not specify the exact offences or penalties, non-compliance with ADs could potentially lead to safety hazards and may result in both civil and criminal consequences. For instance, operating an aircraft that does not comply with an applicable AD could lead to enforcement actions against the aircraft operator, potentially including fines or other penalties under relevant aviation legislation. Additionally, under international conventions and Australian law, serious non-compliance could lead to criminal charges, especially if such non-compliance results in harm or loss of life.