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.
Transport Canada issued AD CF-52-06, affecting De Havilland DHC-1 aircraft. Canada is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to reduce the applicability to Canadian DHC-1 aircraft only. The amended AD, AD/DHC-1/41 Amendment 1, will become effective on 26 August 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, 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 the regulation of civil aviation in Australia, focusing on ensuring the safety and efficiency of air navigation. In conjunction with this Act, the Civil Aviation Safety Regulations 1998 were introduced to implement specific safety requirements for aircraft and aeronautical products. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations necessary for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This regulatory mechanism ensures that Australia adheres to its international obligations under the Convention on International Civil Aviation, particularly those related to the continuing airworthiness of aircraft types. The policy objective behind these regulations is to maintain and enhance the safety standards of civil aviation in Australia by ensuring that all aircraft meet required safety standards through the issuance and enforcement of ADs.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and subject to the provisions of the Legislative Instruments Act 2003. Such directives are integral to ensuring the continuing airworthiness of aircraft and are aligned with Annex 8 of the Convention on International Civil Aviation, which places the responsibility for airworthiness on the State of Design and State of Registry. CASA, as Australia's national airworthiness authority, is mandated to assess information from the State of Design and issue corresponding ADs when necessary. For instance, following a request from industry, CASA amended the Australian AD for De Havilland DHC-1 aircraft to limit its applicability to Canadian DHC-1 aircraft only, reflecting the AD issued by Transport Canada. This amendment, effective from 26 August 2011, cancels and replaces the previous AD, thereby ensuring compliance with international obligations and maintaining aviation safety standards within Australia.
Key Provisions
The main sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 that pertain to the issuance of airworthiness directives (ADs) are sections 98 and 39.001 respectively. Section 98 allows the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, an AD is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed on the parties governed by these provisions include the responsibility of the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in this context is Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design, such as Canada in this instance, issues an AD against a type of aircraft on the Australian Register, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures compliance with international standards and maintains the safety of air navigation.
The legislation also outlines potential consequences for non-compliance. Although the specific offences, penalties, or civil/criminal consequences for breach of the AD are not detailed in the provided text, it is implied that failure to comply with an AD could result in significant safety risks. Given that ADs are critical for the maintenance of airworthiness, non-compliance could lead to enforcement actions by CASA, including potential civil or criminal penalties under the broader framework of the Civil Aviation Act 1988. However, the exact penalties are not specified within the provided excerpt. The overarching objective is to ensure that all stakeholders adhere to the ADs to maintain the highest safety standards in civil aviation.