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 001-03-95 affecting English produced DHC-1 aircraft, however the inspection 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-1/36, Amendment 2, 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, 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 Australian Parliament to provide a comprehensive legislative framework for civil aviation safety, operations, and regulation within Australia. One of the key mechanisms through which the Act achieves its safety objectives is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, as legislative instruments, are essential for ensuring the continuing airworthiness of aircraft and aeronautical products. The Act empowers the Civil Aviation Safety Authority (CASA) to mandate safety requirements and address any identified issues to maintain high safety standards in line with international obligations under the Convention on International Civil Aviation. The policy objective of these regulations is to harmonise Australia's approach with international standards, ensuring that all aircraft registered in Australia meet necessary safety criteria and standards.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, as amended, under the Civil Aviation Act 1988, pertain to the issuance of airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. These regulations apply to any person or entity operating or managing aircraft registered in Australia, as well as to the Civil Aviation Safety Authority (CASA), which is the national airworthiness authority. The geographic scope of these regulations is national, given that they are issued under the authority of the Commonwealth of Australia. The ADs are legislative instruments as per the Legislative Instruments Act 2003 and must be assessed and potentially reissued by CASA when they affect aircraft on the Australian Register. In this particular instance, CASA has issued an AD in response to a directive from the United Kingdom Civil Aviation Authority concerning the DHC-1 aircraft type, including models manufactured in Portugal, to align with Australia's obligations under the Convention on International Civil Aviation. The AD becomes effective on 21 June 2011, superseding previous directives. Given that ADs are issued in response to international obligations and are not subject to public consultation, they do not require a Regulatory Impact Statement.
Key Provisions
The primary operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 pertinent to the issuance of an Airworthiness Directive (AD) include section 98 of the Act and regulation 39.001 of the Regulations. Section 98 allows the Governor-General to make regulations that ensure the safety of air navigation, while regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs serve to maintain the airworthiness of aircraft and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
These regulations impose several obligations and requirements on the parties and entities they govern. The State of Design, which is responsible for the continuing airworthiness of a type of aircraft, must provide necessary information to ensure this airworthiness. The State of Registry, which in this context is Australia, must then assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. CASA, as Australia’s national airworthiness authority, must perform this assessment and ensure compliance with the AD.
Failure to comply with an AD may result in civil or criminal penalties. The specific consequences of breaching an AD are not detailed in the provided text, but under the broader framework of aviation safety regulations, non-compliance can lead to serious repercussions. Penalties can include fines and, in more severe cases, criminal charges. While the exact penalties are not specified in the excerpt, they would typically be determined based on the severity of the breach and the impact on aviation safety.
The AD issued by CASA is a direct response to an AD from the United Kingdom, which is the State of Design for the DHC-1 aircraft type. This AD, which will become effective on 21 June 2011, mandates specific requirements to ensure the continuing airworthiness of the aircraft. Given that this AD is issued in accordance with Australia’s obligations under the Convention on International Civil Aviation, no public consultation or Regulatory Impact Statement was deemed necessary. Instead, CASA has assessed the UK AD and determined that issuing an Australian AD is necessary to ensure compliance and safety within the Australian civil aviation system.