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-1/22 Amendment 4 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 tailplane structure 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-1/22 Amendment 4, becomes effective on 22 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.
The AD has been made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted by the Australian Parliament to provide a comprehensive framework for the regulation of civil aviation safety and security. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The policy objective underpinning these provisions is to ensure the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is tasked with issuing ADs when necessary to address unsafe conditions, as mandated by the Civil Aviation Act 1988.
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) for specific kinds of aircraft or aeronautical products. These directives serve to ensure the continuing airworthiness of aircraft registered within Australia, adhering to the regulatory standards set forth by Annex 8 to the Convention on International Civil Aviation. This legislation applies to aircraft registered in Australia and the entities responsible for their maintenance and operation, thereby extending its reach across all states and territories within the Commonwealth. The ADs are legislative instruments that are subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Notably, this particular amendment, AD/DHC-1/22 Amendment 4, specifically targets de Havilland DHC-1 aircraft, including the Portuguese manufactured T Mk 20 variant, to address an identified unsafe condition related to the tailplane structure. As CASA did not alter the AD requirements or compliance with this amendment, no consultation with the Australian industry or public was deemed necessary. The AD was issued by the Manager, Continuing Airworthiness, on behalf of CASA, in line with the statutory authority granted by the Act.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, section 98 of the Act grants the Governor-General the power to make regulations in the interest of safety, and regulation 39.001 of the Regulations empowers CASA to issue ADs for certain kinds of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA to monitor the continuing airworthiness of aircraft types registered in Australia. Under Annex 8 to the Convention on International Civil Aviation, the State of Design must ensure the continuing airworthiness of an aircraft type and provide necessary information to the State of Registry, which in Australia's case is CASA. Therefore, when a State of Design issues an AD, CASA must assess the information and, if necessary, issue a corresponding Australian AD. This process ensures that Australian-registered aircraft meet international safety standards.
Failure to comply with an AD can result in serious consequences. Under section 94(1) of the Civil Aviation Act 1988, CASA can mandate requirements through ADs to prevent unsafe situations. Any breach of these requirements could lead to civil or criminal penalties. Specifically, section 45A of the Acts Interpretation Act 1901 allows for the disallowance of legislative instruments like ADs if they are found to be invalid. Furthermore, section 13.05 of the Civil Aviation Safety Regulations 1998 states that non-compliance with an AD may result in the grounding of an aircraft, fines, or even imprisonment, depending on the severity of the breach. These provisions underscore the importance of adhering to ADs to maintain aviation safety.