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-1/2 affecting all English production De Havilland DHC-1 (Chipmunk) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-1/2. 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, 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 establish and regulate civil aviation in Australia, was supplemented by the Civil Aviation Safety Regulations 1998, which detail specific safety measures. Under these regulations, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products, as stipulated in regulation 39.001. These ADs are legislative instruments and are essential for maintaining the continuing airworthiness of aircraft as required under Annex 8 of the Convention on International Civil Aviation. In alignment with international standards, the State of Registry, which in Australia is CASA, is responsible for ensuring the safety and airworthiness of aircraft. Recently, CASA issued a directive to cancel Australian AD/DHC-1/2, affecting English production De Havilland DHC-1 (Chipmunk) model aeroplanes, effective 23 October 2008. This cancellation aligns with Australia’s obligations under the Convention and reflects that the unsafe condition no longer exists, thereby rendering a replacement AD unnecessary.
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 (ADs) concerning specific types of aircraft or aeronautical products to ensure safety in air navigation. These directives are legislative instruments and are designed to address continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for this matter to the State of Design and the State of Registry. In the case of Australia, CASA has the authority to issue such directives, which are typically the most common form of continuing airworthiness information internationally. The issuance and subsequent cancellation of Australian AD/DHC-1/2 for English production De Havilland DHC-1 (Chipmunk) model aeroplanes demonstrates CASA's commitment to international safety standards, as the cancellation was necessitated by obligations under the Convention on International Civil Aviation. The AD was cancelled by the Manager, Airframe and Structures, in the Airworthiness Engineering Group on behalf of CASA, in accordance with the Act, and it became effective from 23 October 2008, with no replacement AD required as the unsafe condition no longer existed.
Key Provisions
The main operative sections of this legislative instrument, particularly section 98 of the Civil Aviation Act 1988, empower the Governor-General to create regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 39.001(5) of these Regulations stipulates that an AD is a disallowable instrument, meaning it is subject to disallowance by either House of Parliament, and also classifies it as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation require CASA to ensure that ADs are issued to maintain the continuing airworthiness of aircraft. CASA must also ensure compliance with international standards set by the Convention on International Civil Aviation, specifically Annex 8, which places responsibility on the State of Design for providing necessary information for airworthiness. The State of Registry is responsible for the ongoing airworthiness of individual aircraft. In this case, CASA issued AD/DHC-1/2 for English production De Havilland DHC-1 (Chipmunk) aeroplanes, but has since cancelled it due to the resolution of the unsafe condition.
This legislative instrument does not require consultation with the Australian public as the AD has been cancelled in line with Australia's international obligations. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Manager, Airframe and Structures, in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
The consequences of non-compliance with these regulations can be severe. Breaches may lead to civil penalties, including fines, as well as criminal penalties, such as imprisonment, depending on the severity of the safety violation. The Civil Aviation Act 1988 and related regulations provide for these penalties, which can be substantial. For example, an individual found guilty of endangering the safety of an aircraft could face fines up to $100,000 and imprisonment for up to two years, while corporations could face even higher fines, reflecting the critical nature of maintaining airworthiness standards.