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-3/15 affecting De Havilland DHA-3 (Drover) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHA-3/15. 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 was enacted to provide a legislative framework for ensuring the safety and efficiency of civil aviation in Australia, including the regulation of airworthiness. This Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Such ADs are legislative instruments that serve to maintain the continuing airworthiness of aircraft as per international standards under the Convention on International Civil Aviation. The policy objective is to ensure that aircraft within Australia meet the necessary safety standards, in line with both national and international obligations. The enactment of this legislation was essential to address the need for a structured approach to the regulation and oversight of civil aviation, ensuring public safety and compliance with international standards.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the safety of air navigation in Australia, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001. These ADs are legislative instruments and are crucial for maintaining the continuing airworthiness of aircraft, with CASA acting as the national airworthiness authority. The State of Design holds responsibility for the overall airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft. The AD/DHA-3/15, which affected De Havilland DHA-3 (Drover) model aeroplanes, has been cancelled by CASA due to the resolution of the unsafe condition, demonstrating Australia's commitment to international obligations under the Convention on International Civil Aviation. Given that the cancellation aligns with these international obligations and the unsafe condition has been resolved, there was no need for public consultation or a Regulatory Impact Statement. The AD was issued by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 set out the framework for airworthiness directives (ADs), which are regulatory instruments designed to ensure the safety of aircraft. Section 98 of the Act allows the Governor-General to make regulations in the interests of safety, while regulation 39.001 of the Regulations specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. Additionally, under the Convention on International Civil Aviation, the State of Design has a responsibility to provide necessary information to maintain airworthiness, and the State of Registry must implement measures to ensure this.
The obligations imposed by these provisions include the duty on CASA to review and assess ADs issued by the State of Design. If an AD is deemed necessary, CASA must issue a corresponding Australian AD to enforce the required safety measures. This ensures that the aircraft on the Australian register meet the necessary safety standards. For example, AD/DHA-3/15, which affected De Havilland DHA-3 model aeroplanes, was cancelled by CASA after assessing that the unsafe condition it was intended to address no longer existed.
There are no specific offences, penalties, or civil/criminal consequences mentioned for the failure to comply with an airworthiness directive in the provided text. However, non-compliance with an AD could potentially lead to enforcement actions by CASA, which may include grounding the aircraft or other regulatory measures to ensure compliance with safety standards. The specific penalties for non-compliance would depend on the nature of the breach and the regulatory actions taken by CASA.