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-51-05, 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-1/43 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, enacted to provide a regulatory framework ensuring the safety of air navigation within Australia, authorises the Governor-General to make regulations for the purposes of the Act, particularly focusing on airworthiness. The Civil Aviation Safety Regulations 1998 further delegate authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance, and are crucial for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, has the responsibility to issue Australian ADs when necessary, in response to directives from the State of Design or based on international obligations, ensuring compliance with safety standards. The AD in question, AD/DHC-1/43 Amendment 1, was issued to align with an AD from Canada, the State of Design for De Havilland DHC-1 aircraft, and will become effective on 26 August 2011.
Scope and Application
The Civil Aviation (Airworthiness Directives) Regulations 2011, as an extension of the Civil Aviation Act 1988, govern the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. These regulations apply to any person or entity involved in the operation of aircraft registered in Australia, including aircraft manufacturers, operators, and maintenance providers. The scope of the regulations extends to all types of aircraft and aeronautical products, and they are designed to address specific safety concerns that have been identified through ongoing oversight and international cooperation. The geographic reach of these regulations is national, as CASA acts on behalf of the Commonwealth of Australia in fulfilling its obligations under international aviation conventions. The regulations do not apply to foreign aircraft not registered in Australia unless they are subject to specific international agreements or requirements that necessitate compliance with Australian ADs while within Australian airspace. The issuance of ADs is based on the continuing airworthiness information provided by the State of Design and is subject to CASA's assessment and subsequent mandate if deemed necessary for Australian-registered aircraft.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation, and one of the primary mechanisms for this is the issuance of airworthiness directives (ADs) under regulation 39.001 (5) of the Civil Aviation Safety Regulations 1998. According to section 98 of the Act, the Governor-General can make regulations to ensure the safety of air navigation, and these regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
Under the Civil Aviation Safety Regulations 1998, CASA has an obligation to assess any AD issued by the State of Design, which is the country responsible for the continuing airworthiness of a particular aircraft type, and to issue an Australian AD if deemed appropriate. This process ensures that the requirements for the continuing airworthiness of aircraft on the Australian Register are effectively communicated and enforced. For instance, when Transport Canada issued AD CF-51-05 affecting De Havilland DHC-1 aircraft, CASA amended the equivalent Australian AD to limit its applicability to Canadian DHC-1 aircraft only. This action demonstrates CASA's responsibility in maintaining the safety and airworthiness standards of aircraft within Australia.
Entities governed by these regulations, including aircraft operators and owners, must comply with the ADs issued by CASA. These directives mandate specific maintenance, repair, or operational requirements that must be adhered to ensure the continuing airworthiness of the aircraft. Failure to comply with an AD can result in severe consequences, including potential grounding of the aircraft and legal penalties. The Civil Aviation Act 1988 does not specify particular offences, penalties, or civil/criminal consequences for breaching ADs, but non-compliance can lead to enforcement actions by CASA, which may include fines, suspension, or revocation of airworthiness certificates. These measures underscore the importance of adhering to ADs to maintain the highest safety standards in aviation.