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/DHA-3/13 affecting De Havilland DHA-3 (Drover) model aeroplanes not modified in accordance with DH Mod. DRO 92, Issue 2. CASA has assessed this AD and as a result has cancelled Australian AD/DHA-3/13. The cancellation will become effective on
20 November 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 to regulate civil aviation in Australia and ensure the safety of air navigation, authorises the Governor-General to make regulations in the interests of safety. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions by allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Civil Aviation Act 1988 and associated regulations aim to align with international standards, particularly those set by the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. Following this framework, CASA has the authority to issue and subsequently cancel ADs, as demonstrated by the cancellation of AD/DHA-3/13 for De Havilland DHA-3 model aeroplanes, effective from 20 November 2008, due to the resolution of the previously identified unsafe condition.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation safety in Australia, and its scope includes all persons and entities involved in civil aviation, including aircraft operators, pilots, maintenance personnel, and aeronautical product manufacturers. The Civil Aviation Safety Regulations 1998 provide the framework for ensuring the continuing airworthiness of aircraft and aeronautical products, and include the power for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). ADs are legislative instruments made under the Act, and are used to mandate specific actions to address safety issues with particular types of aircraft or aeronautical products. The ADs apply nationally, and CASA is responsible for ensuring that all ADs issued are consistent with Australia's obligations under international civil aviation conventions. In this particular case, AD/DHA-3/13, which applied to De Havilland DHA-3 model aeroplanes, has been cancelled due to the unsafe condition no longer existing, and no replacement AD is required. The cancellation of ADs is not subject to public consultation or a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance and management of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These directives are formalised as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
These ADs are integral to ensuring the continuing airworthiness of aircraft and aeronautical products, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design is tasked with the overarching 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, is responsible for developing or adopting requirements to ensure that individual aircraft remain airworthy. CASA, fulfilling its role as the State of Registry for Australian aircraft, has the authority to issue and manage ADs to maintain safety standards.
The obligations under these provisions require CASA to monitor and manage the airworthiness of aircraft in accordance with international standards and Australian regulations. CASA must ensure that any identified unsafe conditions are addressed through the issuance of ADs, and that these directives are effective and enforceable. The issuance of AD/DHA-3/13 for De Havilland DHA-3 (Drover) model aeroplanes, and its subsequent cancellation when the unsafe condition was resolved, exemplifies this process. CASA has assessed the situation and determined that the unsafe condition no longer exists, leading to the cancellation of the AD without the need for a replacement.
Regarding offences, penalties, or civil/criminal consequences for breach, the Act does not explicitly state specific penalties for non-compliance with ADs. However, non-compliance with ADs can lead to severe consequences, including potential grounding of aircraft, which could result in significant financial losses and legal repercussions for the operators. The seriousness of these consequences underscores the importance of adhering to ADs to ensure the safety of air navigation. The legislative framework and regulatory environment surrounding ADs thus place a significant responsibility on all parties involved to maintain the highest standards of aviation safety.