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-1/31 Amendment 3 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 Fin Rear Spar 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-1/31 Amendment 3, becomes effective on 23 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 to provide a comprehensive legislative framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of its key provisions allows the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail the implementation of these provisions, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) to mandate the continuing airworthiness of aircraft and aeronautical products. The objective of these regulations is to maintain high safety standards in accordance with international civil aviation conventions, such as Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, plays a critical role in ensuring that these international standards are adhered to within Australian jurisdiction, issuing airworthiness directives as necessary to address unsafe situations and correct relevant information.
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 specific types of aircraft or aeronautical products. This authority derives from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the Act's purposes and in the interests of air navigation safety. These airworthiness directives are considered legislative instruments under the Legislative Instruments Act 2003. The application of these directives is jurisdictional, primarily affecting the State of Registry of the aircraft, which is responsible for ensuring the continuing airworthiness of the aircraft as per Annex 8 of the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must evaluate and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design, particularly when there is an unsafe situation identified. The recent amendment to AD/DHC-1/31 Amendment 3 exemplifies this process, where CASA corrected an unsafe situation on de Havilland DHC-1 aircraft, extending the inspection requirement to include Portuguese manufactured T Mk 20 aircraft due to their imminent entry into the Australian register. The amendment was made without public consultation as it did not alter the AD requirements or compliance.
Key Provisions
The key operative sections of the Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988, specifically regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. This is done in the interests of safety and in accordance with Annex 8 of the Convention on International Civil Aviation, which places responsibility on the State of Design for the continuing airworthiness of an aircraft type. Regulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, a legislative instrument under section 6 of the Legislative Instruments Act 2003. These provisions ensure that CASA, as Australia’s national airworthiness authority, can mandate specific requirements to ensure the continuing airworthiness of aircraft on the Australian Register.
The obligations imposed by these regulations on the parties they govern are primarily focused on ensuring the safety and continuing airworthiness of aircraft. For the State of Design, this means providing necessary information to ensure that aircraft types remain airworthy, as outlined in Annex 8. The State of Registry must develop or adopt requirements to maintain the airworthiness of individual aircraft within its jurisdiction. CASA, acting on behalf of the State of Registry, must assess information from the State of Design and, if necessary, issue an Australian AD to enforce those requirements. Additionally, the State of Registry is responsible for ensuring that ADs issued by CASA are complied with, which includes inspecting and maintaining aircraft as specified in the ADs.
Any failure to comply with the airworthiness directives issued by CASA can result in serious consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail specific penalties for non-compliance with ADs within their text, but generally, breaches of aviation regulations can result in substantial civil or criminal penalties. The severity of the penalty often depends on the nature of the breach and the potential risk to safety it poses. Typically, non-compliance with ADs can lead to enforcement actions by CASA, which may include fines, suspension, or revocation of airworthiness certificates. Such actions are intended to ensure that all aircraft remain in a safe and airworthy condition, thereby protecting the public and maintaining the integrity of the aviation system.