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 Civil Aviation Safety Authority or its predecessors issued AD/DHA-3/14 affecting De Havilland DHA-3 (Drover) model aeroplanes with type A66753/X1 propeller and type A66870 Marks 2, 3 and 4 spinners installed. CASA has assessed this AD and as a result has cancelled Australian AD/DHA-3/14. 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, 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 regulate civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998 further provide the framework for these directives, enabling the Civil Aviation Safety Authority (CASA) to issue ADs concerning specific aircraft or aeronautical products. These directives are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are a critical component of ensuring the continuing airworthiness of aircraft, aligning with Australia’s obligations under the Convention on International Civil Aviation, where the State of Design and the State of Registry have defined responsibilities. CASA, as Australia's national airworthiness authority, must evaluate and, if necessary, issue Australian ADs to enforce the requirements of the State of Design. This ensures that Australian-registered aircraft meet international safety standards and comply with necessary modifications or inspections.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to make regulations to ensure the safety of air navigation, with the Civil Aviation Safety Authority (CASA) authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products through regulation 39.001. These ADs, defined as disallowable instruments under the Acts Interpretation Act 1901, are legislative instruments intended to maintain the continuing airworthiness of aircraft. Annex 8 of the Convention on International Civil Aviation places the responsibility for the continuing airworthiness of aircraft types on the State of Design, while the State of Registry is responsible for the individual aircraft. CASA, as Australia’s national airworthiness authority, is mandated to assess information from the State of Design and, if necessary, issue corresponding Australian ADs. The cancellation of Australian AD/DHA-3/14 for De Havilland DHA-3 model aeroplanes, due to the resolution of an unsafe condition, exemplifies the practical application of these regulations, which align with international obligations and have been enacted without public consultation or a Regulatory Impact Statement, as deemed unnecessary by the Office of Best Practice Regulation.
Key Provisions
The key operative sections of this legislation are primarily found in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that support the Act, specifically for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulatory power is further defined in subregulation 39.001(5), which classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation are primarily on CASA, as Australia's national airworthiness authority. CASA is tasked with assessing airworthiness directives issued by the State of Design for aircraft types on the Australian Register. If an AD is deemed necessary, CASA must issue an Australian AD to enforce the required safety measures. The State of Registry, which in this case is CASA, is also responsible for ensuring the continuing airworthiness of individual aircraft registered in Australia. This involves developing or adopting specific requirements to maintain the safety and airworthiness of these aircraft in line with international standards and conventions.
Breaching the requirements set out in these airworthiness directives can have serious consequences. While the specific offences and penalties are not detailed in the provided text, the general principle is that non-compliance with ADs can lead to significant safety risks, potentially resulting in civil or criminal penalties. In Australia, such breaches may attract fines or other sanctions, depending on the severity of the non-compliance and its impact on aviation safety. The text notes that ADs do not require a Regulatory Impact Statement, indicating that these directives are primarily focused on ensuring safety rather than broader economic or regulatory impacts.
The Civil Aviation Safety Authority, as the issuing authority, has the responsibility to ensure that ADs are effectively communicated and implemented. The process of issuing, assessing, and cancelling ADs, as seen with AD/DHA-3/14 affecting De Havilland DHA-3 model aeroplanes, demonstrates CASA’s commitment to safety. The cancellation of this AD, effective from 20 November 2008, highlights the dynamic nature of airworthiness directives, which can be modified or rescinded based on new information or changes in safety conditions. This reflects the ongoing nature of aviation safety regulation, where authorities must continually adapt to new risks and information to maintain the highest safety standards.