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-3/5 affecting De Havilland DHA-3 (Drover) model aeroplanes fitted with vacuum operated windscreen wiper DH Part No. S3-533A. CASA has assessed this AD and as a result has cancelled Australian AD/DHA-3/5. 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 provide for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, which includes the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The Civil Aviation Safety Authority (CASA) has the authority to issue ADs under regulation 39.001 of the Civil Aviation Safety Regulations 1998, and these directives are crucial in adhering to international obligations under the Convention on International Civil Aviation. The policy objective behind this legislation is to ensure that aircraft continue to meet safety standards throughout their operational life, thus safeguarding the public and maintaining international standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to issue regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of these regulations specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901, thereby classifying them as legislative instruments under the Legislative Instruments Act 2003. The ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. Specifically, the State of Design is responsible for the airworthiness of an aircraft type, while the State of Registry ensures the individual aircraft's ongoing airworthiness. CASA, as Australia's national airworthiness authority, evaluates the information provided by the State of Design and issues corresponding Australian ADs as necessary. The issuance and cancellation of such directives are integral to adhering to international standards and ensuring the safety and compliance of aircraft operating within Australian jurisdiction.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 allow the Governor-General to make regulations for the safety of air navigation, as outlined in section 98 of the Act. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments under section 6 of the Legislative Instruments Act 2003.
These ADs are crucial as they ensure the continuing airworthiness of aircraft types. According to Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for maintaining the airworthiness of an aircraft type, and must supply necessary information to the States of Registry to maintain this airworthiness. The State of Registry, in turn, is tasked with ensuring the airworthiness of individual aircraft. When a State of Design issues an AD for an aircraft type registered in Australia, CASA, as the national airworthiness authority, must evaluate the information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design.
In this context, CASA issued an AD/DHA-3/5 concerning De Havilland DHA-3 (Drover) model aeroplanes equipped with vacuum operated windscreen wipers, part number S3-533A. After assessment, CASA has decided to cancel Australian AD/DHA-3/5, effective from 20 November 2008. This cancellation was due to the unsafe condition no longer existing, and no replacement AD is required. The decision to cancel the AD was made in accordance with Australia’s obligations under the Convention on International Civil Aviation, and thus, no public consultation or Regulatory Impact Statement was deemed necessary.
The obligations imposed on the parties governed by these regulations include the State of Design providing necessary information to ensure continuing airworthiness, and the State of Registry adopting requirements to maintain the airworthiness of individual aircraft. CASA must assess the information provided by the State of Design and issue corresponding ADs as necessary. In the case of AD/DHA-3/5, CASA assessed the situation and determined that the unsafe condition addressed by the AD no longer existed, leading to the cancellation of the AD.
Breaches of the requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant penalties. While the specific penalties for non-compliance with ADs are not detailed in the provided text, general provisions under the Civil Aviation Act 1988 may include fines and imprisonment for serious breaches. The maximum penalties can vary depending on the severity and nature of the offence, but they are intended to ensure strict adherence to safety regulations to protect public safety in air navigation.