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 UK CAA mandated De Havilland TNS (C1) 157, affecting UK built De Havilland Chipmunk aircraft, in the 1960s. The UK is the State of Design for this type. As a result of a review of the AD, CASA has amended it to remove reference to the old Major Inspection. The amended AD, AD/DHC-1/22 Amendment 3, will become effective on 23 October 2008. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. 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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, is the primary piece of legislation governing civil aviation in Australia. It provides a framework for ensuring the safety and efficiency of civil aviation, including the regulation of aircraft airworthiness. In conjunction with this Act, the Civil Aviation Safety Regulations 1998 were established to provide detailed rules and standards for air navigation safety. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments used to mandate specific maintenance, inspection, and operational requirements for particular types of aircraft or aeronautical products to ensure continuing airworthiness. ADs are essential for complying with international standards set by the Convention on International Civil Aviation and reflect Australia’s obligations under this international agreement. The AD in question, AD/DHC-1/22 Amendment 3, addresses an airworthiness issue for De Havilland Chipmunk aircraft and was issued by CASA in response to a mandate from the United Kingdom Civil Aviation Authority, the State of Design for this aircraft type.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, which are integral to ensuring the continuing airworthiness of aircraft registered in the country. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue these directives for specific kinds of aircraft or aeronautical products, thereby imposing legal obligations on aircraft owners and operators to comply with the specified maintenance, operational, or modification requirements. The ADs are legislative instruments subject to disallowance and must adhere to the requirements set out in the Legislative Instruments Act 2003. These directives apply to all aircraft registered within Australia, and CASA must ensure that these aircraft meet the continuing airworthiness standards mandated by the State of Design and the State of Registry, as per Annex 8 to the Convention on International Civil Aviation. This ensures that Australian-registered aircraft remain safe and airworthy in accordance with international standards. The ADs do not require consultation with the Australian public or a Regulatory Impact Statement, reflecting their technical nature and the international obligations underpinning their issuance.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for the regulation of airworthiness in Australia. Section 98 of the Act authorises the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulatory power is exercised under the oversight of the State of Design and the State of Registry, which have respective responsibilities for the continuing airworthiness of aircraft types and individual aircraft as per Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by these regulations include ensuring that CASA, as the national airworthiness authority, evaluates airworthiness directives issued by the State of Design and, if necessary, issues corresponding Australian ADs. This ensures that Australian-registered aircraft comply with international safety standards. For example, the UK Civil Aviation Authority (CAA) issued a directive for De Havilland Chipmunk aircraft, which CASA subsequently amended and will implement in Australia through AD/DHC-1/22 Amendment 3. This amendment, effective from 23 October 2008, removes reference to a previous Major Inspection, reflecting updated safety requirements.
Failure to comply with these airworthiness directives can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence. The Act allows for both civil and criminal penalties for breaches. Civil penalties can include fines, and in more severe cases, criminal penalties may apply, which can include imprisonment. The exact penalties depend on the nature and severity of the breach, but they are designed to enforce compliance with safety regulations rigorously to protect public safety.
Given the international nature of aviation, these regulations also ensure alignment with global safety standards. The ADs issued under this framework are legislative instruments, as provided under the Legislative Instruments Act 2003. This legal status underscores the importance of these directives in maintaining air safety. The Office of Best Practice Regulation has confirmed that ADs do not require a Regulatory Impact Statement, reflecting their essential role in maintaining consistent safety standards without the need for extensive regulatory reviews.