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-3/6 affecting De Havilland DHA-3 (Drover) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHA-3/6. 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, along with the Civil Aviation Safety Regulations 1998, governs the regulation of air navigation safety in Australia. Section 98 of the Act empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation, while regulation 39.001 of the accompanying Safety Regulations enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These ADs are intended to address potential safety issues and ensure the continuing airworthiness of aircraft registered in Australia, in line with international standards and obligations under the Convention on International Civil Aviation. As CASA is responsible for assessing and implementing these directives, it ensures that Australian aviation standards remain consistent with global best practices. The enactment of these regulations and the issuance of ADs are integral to maintaining the safety and reliability of civil aviation in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations that pertain to the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments that fall under the purview of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve as a critical mechanism for ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the airworthiness of an aircraft type, and the State of Registry as responsible for the airworthiness of an individual aircraft. In this context, CASA, as Australia’s national airworthiness authority, must assess information from the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance and management of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to create regulations that promote the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are disallowable instruments as per section 46A of the Acts Interpretation Act 1901.
The Act imposes certain obligations on CASA, the national airworthiness authority, and other entities involved in aircraft maintenance and operation. For example, CASA must assess any ADs issued by the State of Design (the country where the aircraft was designed) and determine if an Australian AD is necessary. This ensures that Australian-registered aircraft comply with the necessary safety standards. The State of Registry, which is the country where the aircraft is registered, is also responsible for the continuing airworthiness of individual aircraft. They must develop or adopt requirements to maintain these standards.
Failure to comply with the requirements outlined in ADs can lead to significant consequences. Although specific offences and penalties are not detailed in the provided text, non-compliance with airworthiness directives can result in safety risks, potential accidents, and legal repercussions for both operators and manufacturers. CASA has the authority to enforce these regulations and can take action against entities that do not adhere to the mandated safety standards.
The Civil Aviation Safety Regulations 1998 and the Convention on International Civil Aviation play a crucial role in maintaining the safety and airworthiness of aircraft. By issuing ADs, CASA ensures that all relevant parties are aware of and comply with necessary safety measures. The cancellation of an AD, as in the case of AD/DHA-3/6 for De Havilland DHA-3 (Drover) model aeroplanes, is based on the resolution of the unsafe condition that originally prompted the directive. This process underscores the importance of ongoing safety assessments and the commitment to maintaining high safety standards in the aviation industry.