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 UK CAA issued AD 001-03-95, affecting de Havilland DHC-1 model aircraft, in 1995. The UK is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to update references to the relevant Technical News Sheet. The amended AD, AD/DHC-1/36 Amendment 1, will become effective on 30 August 2007. 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, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to regulate civil aviation in the interests of safety and national security. Under this Act, the Civil Aviation Safety Regulations 1998 were introduced to provide further detail and mechanisms for ensuring airworthiness, including the issuance of airworthiness directives (ADs). These ADs are legislative instruments that mandate safety measures for aircraft types and aeronautical products, ensuring compliance with international standards set by the Convention on International Civil Aviation. The policy objective behind these regulations is to maintain and enhance the safety of air navigation by requiring states to adopt and enforce necessary measures for the continuing airworthiness of aircraft, reflecting Australia's commitments under international agreements.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft types registered in Australia. These ADs apply to aircraft operators, maintenance providers, and other entities involved in the operation and maintenance of aircraft registered in Australia. The ADs are legislative instruments subject to disallowance and are intended to harmonise with international standards under Annex 8 of the Convention on International Civil Aviation. The ADs are issued in response to directives from the State of Design or based on CASA's own assessment, with no requirement for public consultation due to their international obligations. The ADs are made by CASA officials in accordance with the Act and do not require a Regulatory Impact Statement.
Key Provisions
The key operative sections of the Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, allow the Governor-General to make regulations for air navigation safety (section 98), and empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (regulation 39.001). An AD is legally considered a disallowable instrument and is subject to scrutiny under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 (section 46A, subregulation 39.001(5)). These ADs are essential tools for ensuring the continuing airworthiness of aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these regulations include a responsibility on the State of Design to provide information necessary for the continuing airworthiness of aircraft types, which CASA must then review and potentially issue as an Australian AD. The State of Registry, typically the country where the aircraft is registered, is also tasked with developing or adopting requirements to ensure the ongoing airworthiness of aircraft within its jurisdiction. This dual responsibility ensures that both the design and operational states are vigilant in maintaining safety standards.
Failure to comply with ADs can lead to serious consequences. The Act does not explicitly outline the specific offences or penalties for non-compliance with ADs, but such compliance is critical because it is integral to maintaining airworthiness. Non-compliance can result in severe civil or criminal penalties, including fines or imprisonment, depending on the severity of the breach and its impact on aviation safety. The exact penalties would be determined by the courts based on the specifics of each case and the prevailing laws.
In summary, the legislation mandates that ADs are issued to maintain the safety and airworthiness of aircraft, with CASA playing a pivotal role in enforcing these directives in Australia. Non-compliance with these directives can result in significant legal repercussions, highlighting the importance of adhering to these safety regulations.