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-3/19 affecting De Havilland DHA-3 (Drover) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHA-3/19. 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 by the Australian Parliament, was introduced to establish a comprehensive legal framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act authorises the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and are integral in maintaining the continuing airworthiness of aircraft, aligning with international standards set forth in the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, has the responsibility to assess and, if necessary, issue ADs to enforce safety requirements, ensuring compliance with both national and international obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to various entities within the aviation sector, primarily focusing on ensuring the safety of air navigation. Specifically, the Act empowers the Governor-General to make regulations in the interests of safety, while the Regulations provide for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for particular kinds of aircraft or aeronautical products. These ADs are legislative instruments that mandate specific requirements to maintain the airworthiness of aircraft registered in Australia, aligning with international standards set by the Convention on International Civil Aviation. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the aircraft’s ongoing compliance with safety standards. CASA, acting on behalf of Australia as the national airworthiness authority, evaluates ADs issued by the State of Design and, if necessary, issues corresponding Australian ADs to enforce the required safety measures. The AD/DHA-3/19, which affected De Havilland DHA-3 (Drover) model aeroplanes, was cancelled by CASA after assessing the associated safety concerns, and no replacement AD was deemed necessary as the unsafe condition no longer existed. This cancellation reflects Australia's adherence to international obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required.
Key Provisions
The key operative sections of the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. Regulation 39.001(5) further clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and, thus, a legislative instrument under the Legislative Instruments Act 2003. The regulation also aligns with Annex 8 of the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness of an aircraft type with the State of Design and mandates the sharing of necessary information with States of Registry.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and other relevant parties include the duty to assess any airworthiness directives issued by the State of Design that pertain to aircraft on the Australian Register. If CASA deems it necessary, it must issue an Australian AD to ensure compliance with the requirements of the State of Design. Additionally, the State of Registry is tasked with developing or adopting requirements to maintain the continuing airworthiness of aircraft, ensuring that all mandated safety standards are met and adhered to.
The potential consequences of breaching the provisions of the Civil Aviation Safety Regulations 1998 can be significant. While specific offences and penalties are not detailed in the provided text, it is clear that failure to comply with ADs could lead to severe safety risks. CASA’s authority to issue ADs underscores the importance of adhering to these regulations, with non-compliance potentially resulting in civil or criminal liability. The exact nature and severity of penalties would depend on the specific breach and its impact on aviation safety, but the overarching intent is to enforce stringent compliance to protect public safety in air navigation.