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 raised AD/DHC-1/25 Amendment 1 in 1985 to correct corrosion and cracking in the inboard flap brackets. As a result of a request from industry, CASA has amended the AD to update references to the associated Technical News Sheet. The amended AD, AD/DHC-1/25 Amendment 2, will become effective on 27 September 2007. 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 was enacted to ensure the safety and efficiency of civil aviation in Australia, providing a legislative framework for the regulation of aviation activities. The Act empowers the Governor-General to make regulations, including those pertaining to airworthiness directives, to safeguard air navigation. The Civil Aviation Safety Regulations 1998 further delineate the responsibilities of the Civil Aviation Safety Authority (CASA), allowing it to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives, as legislative instruments, are intended to maintain and enhance the safety standards of aviation as stipulated by the Convention on International Civil Aviation. The AD/DHC-1/25 Amendment 2, issued by CASA, is a practical application of these provisions, aimed at addressing specific maintenance concerns to ensure the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation. According to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901, as they are disallowable instruments. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to ensure the airworthiness of the aircraft to the States of Registry. Australia, as a Contracting State to the Convention on International Civil Aviation, adheres to these obligations by issuing ADs that mandate the requirements of the State of Design. The ADs apply to all aircraft registered in Australia that fall under the specified types or aeronautical products, ensuring their continuing airworthiness as per the regulations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This regulatory process is designed to address safety concerns and ensure compliance with international standards.
Under these provisions, CASA has the authority to issue ADs that mandate safety requirements for aircraft on the Australian Register. This is particularly relevant when a State of Design issues an AD, as CASA must assess this information and, if necessary, issue an Australian AD to enforce the same requirements. This ensures that all aircraft registered in Australia meet the necessary safety standards. The State of Registry is also responsible for the continuing airworthiness of individual aircraft, requiring them to develop or adopt requirements to maintain these standards.
The ADs are issued without public consultation because they arise from Australia's obligations under the Convention on International Civil Aviation and in response to directives from the State of Design. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, as they are necessary to ensure compliance with international safety standards. CASA issues these directives on behalf of the government, with the Manager, Airframes in the Airworthiness Engineering Branch, responsible for their issuance.
Non-compliance with ADs can result in significant consequences. Under the Civil Aviation Act 1988, offences related to ADs may carry penalties including fines and imprisonment. The maximum penalties for such offences can vary, but they are intended to ensure strict adherence to safety regulations. Civil and criminal consequences may also apply, depending on the severity of the breach and its impact on aviation safety. These provisions underscore the importance of adhering to ADs to maintain the safety and integrity of air navigation.