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.
The Civil Aviation Safety Authority or its predecessors issued AD/DHC-1/16 affecting all De Havilland DHC-1 (Chipmunk) model aeroplanes incorporating modification H.223. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-1/16. The cancellation will become effective on 23 October 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, Manager, 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 address the safety of air navigation, empowers the Governor-General to make regulations under section 98. This legislative framework is further refined by the Civil Aviation Safety Regulations 1998, which, under regulation 39.001, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. Given that ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and subsequently as legislative instruments under section 6 of the Legislative Instruments Act 2003, they play a pivotal role in the regulatory landscape. The recent cancellation of Australian AD/DHC-1/16 for De Havilland DHC-1 (Chipmunk) model aeroplanes exemplifies the practical application of these regulations, demonstrating how CASA can respond to international obligations and safety imperatives.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance, and play a critical role in maintaining the safety and airworthiness of aircraft. The scope of these regulations extends to all entities involved in the aviation industry, including aircraft manufacturers, operators, and regulatory bodies. Geographically, these regulations apply within Australia and are influenced by international standards set forth by the International Civil Aviation Organization (ICAO). The State of Design is primarily responsible for ensuring the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the individual aircraft. Notably, the cancellation of an airworthiness directive, such as AD/DHC-1/16 for De Havilland DHC-1 model aeroplanes, is conducted without public consultation as it aligns with Australia's international obligations under the Convention on International Civil Aviation. This process ensures that the directives remain effective and relevant to the evolving safety standards in the aviation sector.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation, with particular focus on the continuing airworthiness of aircraft. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that are in the interests of safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as specified by section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type, which involves providing necessary information to the State of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft within its jurisdiction. CASA, as the regulatory authority, has issued and subsequently cancelled AD/DHC-1/16, which affected all De Havilland DHC-1 (Chipmunk) model aeroplanes incorporating a specific modification. This cancellation, effective from 23 October 2008, was due to the unsafe condition no longer existing.
There are specific consequences for breaches related to these regulations. Although no consultation with the Australian public was required for the cancellation of AD/DHC-1/16 due to its alignment with Australia’s obligations under the Convention on International Civil Aviation, non-compliance with ADs could result in significant penalties. Civil penalties for non-compliance with airworthiness directives can include fines, while serious breaches may lead to criminal charges. The exact penalties are determined by the severity of the breach and the specific provisions of the Civil Aviation Act 1988 and associated regulations.