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 United Kingdom CAA issued AD 2807, affecting De Havilland DHC-1 aircraft. The United Kingdom is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to incorporate the latest issue of De Havilland Support Ltd Technical News Sheet CT(C1) No. 165 which is the requirement document for the AD. The amended AD, AD/DHC-1/28 Amendment 9, will become effective on 10 January 2011. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Initial Airworthiness/New Technology and Regulatory Trends, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation and establish the regulatory framework governing civil aviation in Australia. Under this Act, the Governor-General has the authority to make regulations for the purposes of the Act and to promote the safety of air navigation. Specifically, the Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments that mandate specific requirements to maintain the airworthiness of aircraft, ensuring they meet safety standards. The ADs are typically issued in response to international obligations under the Convention on International Civil Aviation, particularly those related to the State of Design providing continuing airworthiness information. This process ensures that Australian regulations align with international standards and address any identified safety issues.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products, in accordance with section 98 of the Civil Aviation Act 1988. These ADs, which are legislative instruments, serve to mandate safety measures and compliance with airworthiness standards, as stipulated by Annex 8 to the Convention on International Civil Aviation. This mandates that the State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type, and the State of Registry, which in Australia's case is CASA, is tasked with developing or adopting requirements to ensure such airworthiness. ADs are issued to ensure compliance with these international obligations and typically do not require public consultation due to their technical and safety-focused nature. The ADs are specific to the types of aircraft registered in Australia and are aligned with the directives issued by the aircraft's State of Design. This ensures that Australian registered aircraft meet international safety standards, with CASA assessing and, where necessary, issuing Australian ADs that reflect the latest safety requirements.
Key Provisions
The key provisions of the Civil Aviation Act 1988, particularly in relation to the issuance of airworthiness directives (ADs), are outlined in section 98, which empowers the Governor-General to make regulations for the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific kinds of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and therefore constitutes a legislative instrument according to section 6 of the Legislative Instruments Act 2003. This legislative framework ensures that ADs are issued in accordance with international standards and obligations.
The obligations imposed by this legislation on parties, particularly CASA, include the responsibility to issue ADs that mandate the requirements of the State of Design when necessary. The State of Design, in this case the United Kingdom Civil Aviation Authority, has the primary responsibility for the continuing airworthiness of the aircraft type. CASA must assess any information provided by the State of Design and, if appropriate, issue a corresponding Australian AD to ensure compliance with international obligations. The State of Registry, in this instance Australia, is also required to develop or adopt necessary requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. This legal framework ensures that both the State of Design and the State of Registry play their respective roles in maintaining airworthiness standards.
The legislation does not explicitly detail offences, penalties, or consequences for breaches of the ADs, but it is reasonable to infer that non-compliance could lead to significant civil or criminal consequences under the broader regulatory scheme of the Civil Aviation Act 1988. CASA, as the national airworthiness authority, has the power to enforce compliance, and failure to adhere to ADs could result in penalties for aircraft operators. Such penalties might include fines, suspension of airworthiness certificates, or other regulatory actions deemed necessary to ensure safety and compliance with aviation standards. The specific penalties would be outlined in the broader regulatory framework governing civil aviation in Australia.