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 94 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 94/1 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 was enacted to provide a comprehensive legal framework governing civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft and aeronautical products. These directives are legislative instruments under the Acts Interpretation Act 1901 and are aligned with international standards as per Annex 8 to the Convention on International Civil Aviation. The objective is to mandate the necessary requirements to ensure the safety of air navigation, reflecting Australia's obligations under international agreements. This specific regulation addresses the cancellation of an Australian AD concerning De Havilland DH 94 model aircraft, in response to a corresponding cancellation by the UK Civil Aviation Authority, the State of Design, ensuring compliance with international safety standards.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) under regulation 39.001, which applies to all aircraft and aeronautical products within Australia. The Act and its associated regulations are designed to ensure the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. The Civil Aviation Safety Authority (CASA), as the national airworthiness authority, is mandated to issue these directives, which are legislative instruments under section 46A of the Acts Interpretation Act 1901. These directives are made in accordance with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which delineates the responsibilities of the State of Design and the State of Registry for the continuing airworthiness of aircraft. The geographic reach of these regulations is national, applying to all aircraft registered in Australia, regardless of the state or territory in which they are based. The application of these directives is not subject to any specific exclusions or exemptions, except as required by international agreements, and the process is streamlined to ensure compliance with international obligations without the need for extensive consultation or regulatory impact assessments in certain circumstances.
Key Provisions
The primary sections of the Civil Aviation Safety Regulations 1998 that govern the issuance of airworthiness directives (ADs) are sections 39.001 and 39.001(5). Section 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. Section 39.001(5) clarifies that ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and must comply with the Legislative Instruments Act 2003. This regulatory framework ensures that ADs are issued with a formal process and accountability in place, facilitating their enforcement and compliance.
The obligations imposed on parties under these regulations are comprehensive. The State of Design, such as the UK in the case of the De Havilland DH 94, holds a pivotal responsibility for the continuing airworthiness of an aircraft type and must furnish necessary information to States of Registry. The State of Registry, which in Australia is CASA, must then assess this information and, if required, issue a corresponding Australian AD to ensure the safety and airworthiness of the aircraft registered within its jurisdiction. This dual responsibility ensures that all parties involved maintain the highest safety standards and that information flows effectively between the design and operational phases of aircraft management.
Breaches of the provisions outlined in the ADs can lead to significant consequences. Failure to comply with an AD can result in civil or criminal penalties. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interests of safety, and non-compliance with these regulations can lead to enforcement actions. The specific penalties for breaches are not detailed in the provided text but typically include fines and potential grounding of non-compliant aircraft, thereby ensuring that safety standards are rigorously enforced.
The cancellation of an AD, as noted in the text, is subject to rigorous assessment and compliance with international standards, such as those set out in Annex 8 to the Convention on International Civil Aviation. In the case of the De Havilland DH 94, CASA has assessed the cancellation of the AD by the UK Civil Aviation Authority (CAA) and determined that no replacement AD is necessary because the unsafe condition has been rectified. This cancellation process underscores the importance of international cooperation and the continuous monitoring required to maintain airworthiness standards.