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-49-05, 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-1/44 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 for the regulation of civil aviation in Australia, ensuring safety and efficiency within the industry. The Act empowers the Governor-General to make regulations for the purposes of the Act, including the issuance of airworthiness directives, as stipulated in section 98. The Civil Aviation Safety Regulations 1998 further elaborate on the regulatory framework, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products under regulation 39.001. This legislative instrument, subject to disallowance, plays a crucial role in maintaining the safety standards mandated by international conventions, particularly Annex 8 of the Convention on International Civil Aviation, which stipulates the responsibilities of States of Design and States of Registry concerning the continuing airworthiness of aircraft. CASA, as Australia's national airworthiness authority, ensures compliance with these international obligations by issuing relevant directives when necessary.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These directives are legislative instruments and are critical in maintaining the continuing airworthiness of aircraft, aligning with the obligations under Annex 8 of the Convention on International Civil Aviation. The State of Design has the primary responsibility for ensuring the airworthiness of an aircraft type, while the State of Registry must implement the necessary requirements to maintain this airworthiness. In Australia, CASA, as the national airworthiness authority, must assess and, if necessary, issue Australian ADs in response to directives from the State of Design. The AD issued by CASA, in this instance AD/DHC-1/44 Amendment 1, pertains specifically to De Havilland DHC-1 aircraft, following a similar directive by Transport Canada. This AD became effective on 26 August 2011, and it cancels and replaces the previous issue, reflecting Australia’s international obligations and aligning with the actions of other contracting states under the Convention on International Civil Aviation.
Key Provisions
The main provisions of the Civil Aviation Safety Regulations 1998 (sections 39.001 and 39.001(5)) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, with these directives being considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These ADs are essential tools for ensuring the continuing airworthiness of aircraft, aligning with Annex 8 of the Convention on International Civil Aviation, which places the responsibility of airworthiness on the State of Design and the State of Registry. CASA, as the national airworthiness authority, evaluates and, if necessary, issues Australian ADs based on directives from the State of Design. For instance, following a directive from Transport Canada concerning De Havilland DHC-1 aircraft, CASA has issued an amended Australian AD, effective from 26 August 2011, limiting its scope to Canadian DHC-1 aircraft.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to rigorously assess any ADs issued by the State of Design and to take appropriate action to ensure these directives are implemented in Australia. This includes the duty to issue Australian ADs when necessary and to communicate these directives effectively to all relevant parties within Australia. CASA must also maintain a system to monitor and enforce compliance with these ADs, ensuring that all aircraft registered in Australia meet the continuing airworthiness standards set forth by the ADs.
Failure to comply with ADs can result in serious consequences, both civil and criminal. Civil penalties can include fines up to a substantial amount, reflecting the severity of non-compliance with airworthiness directives. Criminal penalties may also apply, especially in cases of gross negligence or wilful disregard of ADs, potentially leading to imprisonment. The specific penalties are detailed in relevant sections of the Civil Aviation Act 1988 and associated regulations, emphasising the importance of strict adherence to airworthiness directives to maintain the highest safety standards in aviation.