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-3/9 affecting De Havilland DHA-3 (Drover) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHA-3/9. 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 to ensure the safety and efficiency of civil aviation in Australia, provides the legislative framework for the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA) is empowered to issue ADs as legislative instruments, aligning with Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which delineates responsibilities for continuing airworthiness. The enactment of these regulations serves to maintain the safety standards of aircraft registered in Australia, ensuring they meet international benchmarks. The cancellation of AD/DHA-3/9 for De Havilland DHA-3 (Drover) model aeroplanes exemplifies CASA's commitment to fulfilling these obligations by addressing and resolving unsafe conditions identified in aircraft design and operation.
Scope and Application
The Civil Aviation Act 1988 provides the overarching framework for the regulation of civil aviation in Australia, and the Civil Aviation Safety Regulations 1998 outline specific safety requirements for aircraft and aeronautical products. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, which are primarily focused on ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products, with these directives being considered legislative instruments under the Legislative Instruments Act 2003. ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, assesses ADs issued by States of Design and, if deemed necessary, issues corresponding Australian ADs to enforce the required safety measures. The process of issuing and cancelling ADs is integral to ensuring compliance with international standards and maintaining the highest safety standards within Australia's aviation industry.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation. Specifically, section 98 of the Act allows the Governor-General to create regulations to safeguard air navigation, and regulation 39.001 permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This process is critical for maintaining the safety standards required by Annex 8 to the Convention on International Civil Aviation. An AD, as stated in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations include the responsibility of the State of Design to provide necessary information to ensure the continuing airworthiness of aircraft types, which is then assessed and potentially adopted by the State of Registry. For instance, when CASA issues an AD, it must be based on the information provided by the State of Design, ensuring that the requirements set forth are aligned with international safety standards. The State of Registry, which in Australia is CASA, must ensure that the continuing airworthiness of individual aircraft is maintained by enforcing the ADs issued.
Failure to comply with the provisions of the Act and the Regulations can lead to significant consequences. Although the specific offences and penalties are not detailed in the provided text, generally, non-compliance with airworthiness directives can result in civil or criminal penalties. Civil penalties can include fines, while criminal penalties may involve imprisonment, depending on the severity of the breach and the specific circumstances of non-compliance. The exact penalties would be determined in accordance with other relevant Australian laws.
In summary, the key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 mandate that CASA, as the national airworthiness authority, issues ADs to maintain the safety of air navigation. These ADs must be based on international standards and obligations, and failure to comply can result in significant legal consequences. The specific AD/DHA-3/9 concerning De Havilland DHA-3 (Drover) model aeroplanes has been cancelled due to the resolution of the unsafe condition, illustrating the dynamic nature of these regulations in response to changing safety requirements.