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.
CASA has raised AD/DHC-1/21 Amendment 2 to correct an unsafe situation on de Havilland DHC-1 aircraft. CASA raised the original issue of this AD to mandate the inspection of the wing to fuselage attachment links on DHC-1 aircraft. A recent review of de Havilland technical documents has shown that the inspection is also applicable to Portuguese manufactured T Mk 20 aircraft. Due to the imminent entry onto the Australian register of a Portuguese manufactured DHC-1 T Mk 20, CASA has amended the AD to include this model in the applicability of the AD. The amended AD, AD/DHC-1/21 Amendment 2, becomes effective on 21 June 2011. This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public because this amendment does not alter the AD requirements or compliance in any way that is adverse to industry.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness, Standards Development and Future Technology on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, is foundational legislation that establishes the framework for ensuring the safety of air navigation in Australia. This Act empowers the Governor-General to issue regulations necessary for the Act's purposes, ensuring that air navigation safety remains the paramount concern. Under this legislative umbrella, the Civil Aviation Safety Regulations 1998 were formulated, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. These directives, considered legislative instruments, are crucial for maintaining safety standards in accordance with international conventions, such as Annex 8 to the Convention on International Civil Aviation. The objective of these regulations is to ensure that the State of Registry and the State of Design collaborate effectively to provide necessary information and requirements to maintain aircraft safety. CASA’s issuance of ADs reflects its commitment to upholding these safety standards, as seen in the amendment of AD/DHC-1/21 Amendment 2, which addresses an unsafe condition on de Havilland DHC-1 aircraft by mandating inspections on wing-to-fuselage attachments, including newly identified Portuguese manufactured T Mk 20 aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are legislative instruments as per section 46A of the Acts Interpretation Act 1901. These ADs are integral to ensuring the continuing airworthiness of aircraft, a responsibility assigned to the State of Registry, in accordance with Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is tasked with assessing information from the State of Design and issuing Australian ADs when necessary. This includes correcting unsafe situations, as evidenced by AD/DHC-1/21 Amendment 2, which mandates the inspection of wing to fuselage attachment links on de Havilland DHC-1 aircraft, extending its applicability to Portuguese manufactured T Mk 20 aircraft. This amendment, effective from 21 June 2011, does not necessitate consultation with industry or a Regulatory Impact Statement as it does not alter compliance requirements adversely. The issuance of this AD is authorised under subsection 94(1) of the Civil Aviation Act 1988 by the Manager, Continuing Airworthiness, Standards Development and Future Technology on behalf of CASA.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products (s. 39.001(1)). These directives are intended to ensure the safety of air navigation by setting standards for the continuing airworthiness of aircraft (s. 39.001(2)). Under subregulation 39.001(5), an AD is a disallowable instrument, and therefore, as per section 6 of the Legislative Instruments Act 2003, an AD is classified as a legislative instrument (s. 46A Acts Interpretation Act 1901).
The obligations imposed by these regulations on the parties involved are significant. The State of Design, which is the country where the aircraft type is designed, holds the primary responsibility for ensuring the continuing airworthiness of the aircraft type (Annex 8, Convention on International Civil Aviation). This includes providing any necessary information to the States of Registry to ensure compliance with airworthiness standards. Conversely, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. In the context of Australian operations, CASA, as the national airworthiness authority, is tasked with assessing information from the State of Design and, if necessary, issuing Australian ADs that mandate the requirements of the State of Design to ensure safety standards are met.
Failure to comply with the provisions of the Civil Aviation Safety Regulations 1998 and the ADs issued under them can result in serious consequences. The regulations do not explicitly outline specific penalties for non-compliance; however, general aviation regulations and the broader Civil Aviation Act 1988 provide a framework for enforcement. Non-compliance can lead to civil penalties, which can include fines, and in severe cases, criminal penalties, such as imprisonment, for actions that result in significant risk to safety. The exact penalties would depend on the nature and severity of the non-compliance, and would be determined in accordance with the relevant sections of the Civil Aviation Act 1988. CASA's role in enforcing these regulations is crucial to maintaining the high safety standards required in civil aviation.