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 Civil Aviation Authority issued AD 2795 PRE 80 affecting English produced DHC-1 aircraft, however the modification required by the AD also affects the Portuguese manufactured T Mk 20 model. The United Kingdom is the State of Design for this type. CASA has assessed this AD and due to the imminent entry onto the Australian Civil Register of a Portuguese manufactured DHC-1 T Mk 20 aircraft, CASA has issued Australian AD/DHC-1/3, Amendment 1, to include the Portuguese manufactured model. This AD will become effective on 21 June 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, Continuing Airworthiness, in the Airworthiness and Engineering Branch, Standard Development and Future Technology Division, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, was established to ensure the safety of air navigation and to provide a framework for regulating civil aviation in Australia. This legislation was introduced to address the need for a comprehensive and cohesive legal framework governing civil aviation, thereby ensuring safety and efficiency in the aviation sector. The Act allows for the creation of regulations that are vital for maintaining safety standards, one such regulation being the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. The ADs are legislative instruments that mandate specific requirements for the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation.
The Civil Aviation (Airworthiness Directives) Determination 2011, made under the authority of the Civil Aviation Act 1988, facilitates the issuance of ADs by the Civil Aviation Safety Authority (CASA). These directives are critical for addressing specific safety issues identified by the State of Design or other relevant authorities. The determination underscores Australia's commitment to international obligations and ensures that safety measures are uniformly applied across all aircraft registered in Australia, including those manufactured overseas but registered in Australia. The policy objective is to maintain the highest safety standards in civil aviation, thereby protecting the public and enhancing the overall integrity of Australia's aviation safety regime.
Scope and Application
The Civil Aviation Safety Regulations 1998, as authorised by section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments that are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are regulated by the Legislative Instruments Act 2003. The issuance of ADs is mandated by Australia’s commitments under Annex 8 to the Convention on International Civil Aviation, which allocates the responsibility for the continuing airworthiness of an aircraft type to the State of Design. CASA, as the national airworthiness authority, is tasked with assessing and, if necessary, issuing Australian ADs to ensure compliance with the requirements set by the State of Design. This ensures that aircraft registered in Australia meet international safety standards. For instance, in response to a UK-issued AD affecting both English and Portuguese manufactured DHC-1 aircraft models, CASA issued an Australian AD applicable to the Portuguese manufactured T Mk 20 model, demonstrating the practical application of these regulations. The AD becomes effective on 21 June 2011, replacing previous directives, and was issued without public consultation as it pertains to international obligations and regulatory requirements.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. An AD is a legislative instrument and a disallowable instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. This means ADs carry the force of law and can be disallowed by either house of the Parliament. The ADs are issued to ensure the continuing airworthiness of aircraft in line with international obligations under the Convention on International Civil Aviation.
The obligations imposed by the ADs on the parties and entities they govern include ensuring the aircraft remain airworthy by complying with the specific requirements set out in the ADs. The State of Design, such as the United Kingdom in this case, must issue ADs to ensure the continuing airworthiness of the aircraft type, and provide necessary information to the States of Registry. The States of Registry, including Australia, must assess this information and, if appropriate, issue corresponding ADs to mandate the requirements of the State of Design. CASA, as Australia’s national airworthiness authority, has the responsibility to issue these ADs to ensure compliance within the Australian context.
Failure to comply with ADs can result in severe civil and criminal consequences. Civil Aviation Act 1988 imposes penalties for non-compliance with ADs, which can include substantial fines and potential imprisonment. The maximum penalties can vary depending on the severity of the breach, but they are designed to enforce compliance with safety regulations and ensure the airworthiness of aircraft. Non-compliance not only endangers the safety of air navigation but also breaches international obligations, potentially leading to further regulatory and legal repercussions.
The ADs issued under the Civil Aviation Safety Regulations 1998 do not require public consultation as they are made in response to international obligations and directives from the relevant State of Design. This ensures a streamlined process for issuing ADs that are critical for maintaining airworthiness without unnecessary delays. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, further streamlining the process while maintaining a focus on safety and compliance.