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-3/16 Amdt 1 affecting De Havilland DHA-3 (Drover) model aeroplanes modified to DH Mod. DRO 82. CASA has assessed this AD and as a result has cancelled Australian AD/DHA-3/16 Amdt 1. 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 establish a comprehensive regulatory framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives (ADs) as stipulated under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are legislative instruments that are subject to disallowance and scrutiny under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 respectively. This legislation underscores the commitment of Australia to international standards as set out in Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the continuing airworthiness of aircraft types and must share necessary information with States of Registry, such as Australia. CASA, as the national airworthiness authority, is tasked with evaluating the information from ADs issued by States of Design and, where appropriate, issuing corresponding Australian ADs to maintain the safety standards of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring the ongoing safety of air navigation. These ADs, which are legislative instruments, aim to mandate safety requirements for aircraft registered in Australia and align with the continuing airworthiness obligations outlined in Annex 8 of the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is responsible for assessing ADs issued by the State of Design and, when necessary, issuing corresponding Australian ADs to enforce those safety requirements. In this instance, Australian AD/DHA-3/16 Amdt 1, which affected De Havilland DHA-3 (Drover) model aeroplanes modified to DH Mod. DRO 82, has been cancelled by CASA due to the resolution of the unsafe condition identified, and no replacement AD is required. This cancellation reflects Australia's commitment to international aviation safety standards and has been enacted without public consultation or the need for a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The main operative sections of this legislation pertain to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for specific types of aircraft or aeronautical products. This regulation is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus constitutes a legislative instrument as per section 6 of the Legislative Instruments Act 2003. ADs are crucial for maintaining the continuing airworthiness of aircraft types and are issued by most states that are party to the Convention on International Civil Aviation.
The obligations imposed by the Act and the accompanying regulations are significant. The State of Design, which is responsible for the design of the aircraft, must provide necessary information to ensure the continuing airworthiness of the aircraft type. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the airworthiness of individual aircraft within its jurisdiction. When an AD is issued by the State of Design, CASA must assess the information and, if appropriate, issue a corresponding Australian AD to enforce the requirements of the State of Design. This ensures that the safety standards set by the State of Design are implemented and maintained in Australia.
Failure to comply with the ADs can lead to serious consequences. While the specific offences and penalties are not detailed in the provided text, the issuing of ADs and their enforcement by CASA is intended to ensure compliance with safety regulations. Non-compliance with ADs could potentially result in actions taken by CASA, including enforcement measures against the aircraft operator or manufacturer. The safety and integrity of air navigation are paramount, and the regulations are designed to prevent unsafe conditions that could endanger passengers and crew, as well as the general public.
The cancellation of AD/DHA-3/16 Amdt 1, affecting De Havilland DHA-3 (Drover) model aeroplanes, illustrates the process and rationale behind such decisions. CASA has assessed the information provided by the State of Design and determined that the unsafe condition no longer exists, leading to the cancellation of the AD. This decision reflects Australia's commitment to international obligations under the Convention on International Civil Aviation, ensuring that the airworthiness standards are consistently upheld. The cancellation was 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.