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-3/4 affecting De Havilland DHA-3 (Drover) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHA-3/4. 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, enacted by the Australian Parliament, serves to regulate the safety aspects of air navigation within Australia, establishing the framework for ensuring the safety of air operations. This Act allows for the creation of regulations aimed at enhancing aviation safety, including the issuance of airworthiness directives (ADs) as stipulated in the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that mandate compliance with safety standards for specific aircraft types or aeronautical products, thereby ensuring the continuing airworthiness of aircraft registered in Australia. The Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority, responsible for assessing and implementing ADs issued by the States of Design in compliance with international aviation safety standards under the Convention on International Civil Aviation. This legislative framework ensures that Australia meets its international obligations while maintaining stringent safety standards for civil aviation operations within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, mandates the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for specified kinds of aircraft or aeronautical products. This regulatory framework is designed to ensure the safety of air navigation and aligns with Australia's obligations under the Convention on International Civil Aviation. The ADs are legislative instruments that allow CASA to mandate necessary requirements for the continuing airworthiness of aircraft registered in Australia, following assessments of information provided by the State of Design. This regulatory process ensures that the safety standards and requirements for aircraft are uniformly enforced across the nation. However, given the international nature of airworthiness directives and their alignment with ICAO standards, the specific issuance and cancellation of an AD, such as AD/DHA-3/4 for De Havilland DHA-3 (Drover) model aeroplanes, are managed by CASA without the need for public consultation or a Regulatory Impact Statement, reflecting the streamlined process for such technical aviation safety measures.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, allows the Governor-General to create regulations for the safety of air navigation. This includes the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a legislative instrument, as outlined in section 6 of the Legislative Instruments Act 2003, and is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. These directives, as per subregulation 39.001(5), are crucial for maintaining the safety and airworthiness of aircraft types and aeronautical products. The State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type, and must provide necessary information to the State of Registry, which in turn ensures the safety of individual aircraft.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are required to comply with airworthiness directives issued by the Civil Aviation Safety Authority (CASA). CASA, acting as Australia’s national airworthiness authority, must evaluate information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements. This process ensures that any safety concerns identified by the State of Design are appropriately addressed within the Australian aviation system. Furthermore, the State of Registry must implement or adopt requirements to maintain the airworthiness of registered aircraft, aligning with international standards as stipulated in Annex 8 of the Convention on International Civil Aviation.
Breaches of the requirements set forth in airworthiness directives can lead to significant consequences. While specific offences and penalties are not detailed in the provided text, general compliance with civil aviation regulations is critical. Non-compliance could result in enforcement actions, fines, or other penalties as prescribed by relevant legislation. The severity of these consequences can vary based on the nature and extent of the breach, but they are intended to ensure adherence to safety standards and the protection of air travel.
The provided information indicates that the Australian AD/DHA-3/4, affecting De Havilland DHA-3 (Drover) model aeroplanes, has been cancelled by CASA due to the resolution of the unsafe condition it was addressing. This cancellation, made in accordance with the Civil Aviation Act 1988, will become effective on 20 November 2008. The decision to cancel the AD without public consultation was based on Australia’s obligations under the Convention on International Civil Aviation, and no Regulatory Impact Statement was deemed necessary by the Office of Best Practice Regulation. The AD was issued by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, following subsection 84A(2) of the Act.