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, the Civil Aviation Safety Authority (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.
AD/DHC-1/31 was raised to mandate an inspection of the de Havilland of Canada DHC-1 (Chipmunk) aircraft. Details of the inspection were specified in Technical News Sheet No. 156 published by the organisation responsible for the airworthiness of the aircraft type. In 1996 AD/DHC-1/31 was amended to specify Issue 4 of TNS No. 156. It has been brought to CASA’s attention that TNS No. 156 is now at Issue 5 and some of the details of AD/DHC-1/31 Amdt 1 are not consistent with Issue 5. CASA has decided to amend AD/DHC-1/31 Amdt 1. The amended AD,
AD/DHC-1/31 Amdt 2, will become effective on 30 July 2010.
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, Continuing Airworthiness 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, enacted by the Australian Parliament, is designed to regulate civil aviation in Australia and ensure safety within the industry. The Act empowers the Governor-General to make regulations that safeguard air navigation, with the Civil Aviation Safety Regulations 1998 detailing specific requirements for the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives, as legislative instruments, serve as a means of maintaining the continuing airworthiness of aircraft, a responsibility mandated by the Convention on International Civil Aviation. The airworthiness directive in question, AD/DHC-1/31 Amdt 2, specifically mandates an inspection for the de Havilland of Canada DHC-1 (Chipmunk) aircraft to ensure compliance with the most recent technical news sheet issued by the relevant authority. This amendment responds to discrepancies between an older version of the directive and the current technical guidelines, and it aligns with Australia's international obligations under the Convention on International Civil Aviation, thus obviating the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs, which serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, are critical for ensuring the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation. Specifically, the State of Design, which has the primary responsibility for the continuing airworthiness of an aircraft type, must provide necessary information to the State of Registry, which in turn must implement the ADs to ensure safety. For instance, AD/DHC-1/31 and its subsequent amendments pertain to the inspection requirements of the de Havilland of Canada DHC-1 (Chipmunk) aircraft, ensuring compliance with the latest technical specifications. Given these directives are issued under Australia's obligations to international conventions and in response to international ADs, they do not require public consultation or a Regulatory Impact Statement. CASA, through its Manager, Continuing Airworthiness, issues these ADs in line with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This regulatory power is exercised under section 98 of the Civil Aviation Act 1988, where the Governor-General has the authority to enact regulations in the interests of air navigation safety. Importantly, subregulation 39.001(5) stipulates that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
In terms of obligations, the State of Design has the overarching responsibility for ensuring the continuing airworthiness of an aircraft type, as mandated by Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to the States of Registry to maintain airworthiness. On the other hand, the State of Registry is tasked with the specific responsibility of ensuring the continuing airworthiness of individual aircraft. This involves developing or adopting requirements that align with Annex 8 to ensure that aircraft remain airworthy. These obligations are central to the issuance and implementation of ADs, which are a common method used by ICAO Contracting States to communicate continuing airworthiness information.
There are specific consequences for non-compliance with the provisions set forth in the ADs. Although the Civil Aviation Safety Regulations do not explicitly outline offences, penalties, or consequences for breaching ADs, it is understood that non-compliance can lead to serious safety issues and potential legal ramifications. Given that ADs are legislative instruments, failure to comply with them can result in actions being taken against the non-compliant parties, potentially leading to civil or criminal penalties, depending on the severity of the breach. The enforcement of these regulations is critical to maintaining the high safety standards required in the aviation industry.