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-1/33 Amendment 2 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 tailplane support struts 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-1/33 Amendment 2, becomes effective on 22 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 in any way that is adverse to industry.
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 by the Commonwealth Parliament to provide a legislative framework for ensuring the safety and efficiency of civil aviation in Australia. The Act empowers the Civil Aviation Safety Authority (CASA) to issue regulations, including airworthiness directives, to address safety issues in the aviation sector. One such regulation, the Civil Aviation Safety Regulations 1998, includes provisions for CASA to issue airworthiness directives, which are legislative instruments designed to mandate specific actions to ensure the safety of aircraft and aeronautical products. The policy objective of these regulations is to maintain the highest standards of airworthiness in accordance with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Regulations also reflect the responsibilities of the State of Design and the State of Registry in ensuring the continuing airworthiness of aircraft.
Scope and Application
The Civil Aviation (Airworthiness) Amendment (All Types) Instrument 2011, which amends the Civil Aviation Safety Regulations 1998, applies to all aircraft and aeronautical products in Australia. This includes aircraft registered in Australia, irrespective of the location of their State of Design or manufacture, and any aeronautical products used on such aircraft. The regulations are designed to ensure the continuing airworthiness of these aircraft and products, which is a critical safety requirement under national and international aviation laws. The instrument specifically extends to mandating compliance with airworthiness directives issued by the Civil Aviation Safety Authority (CASA), which acts as Australia's national airworthiness authority. The geographic reach of these regulations is national, applying uniformly across all states and territories of Australia. The regulations do not include any explicit exclusions or exemptions, meaning that all affected aircraft and products must comply with the mandated requirements. However, the application of these regulations can be further defined through subordinate instruments and CASA directives. The legislative framework ensures that CASA can issue airworthiness directives as necessary to address safety issues, with these directives being subject to disallowance under the Acts Interpretation Act 1901.
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 types of aircraft or aeronautical products. This is a key provision that allows CASA to mandate requirements for the continuing airworthiness of aircraft, ensuring they meet safety standards. Regulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus classifying it as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. This means that while ADs have the force of law, they can be reviewed and potentially disallowed by Parliament.
The obligations imposed by these regulations on parties governed by them are significant. The State of Design, which is the country where the aircraft type is designed, must provide any necessary information to ensure the continuing airworthiness of the aircraft type. This includes issuing ADs when needed. Similarly, the State of Registry, which is the country where the aircraft is registered, is responsible for ensuring that each aircraft under its registry meets the continuing airworthiness requirements. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to mandate the requirements for aircraft registered in Australia.
Breaches of ADs can lead to severe consequences, both civil and criminal. Non-compliance with an AD can result in CASA taking enforcement action against the aircraft operator. Under section 103 of the Civil Aviation Act 1988, CASA can impose fines and even suspend or cancel an aircraft's certificate of airworthiness, which can prevent the aircraft from operating. In cases where non-compliance results in an accident or serious incident, the penalties can be even more severe, including substantial fines and potential imprisonment for the individual responsible for the breach. These stringent measures underscore the importance of adhering to ADs to maintain the high safety standards required in civil aviation.