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.
The Civil Aviation Safety Authority or its predecessors issued AD/DHC-1/7 affecting De Havilland DHC-1 (Chipmunk) model aeroplanes with Chipmunk modifications H66 and H70 or equivalent embodied. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-1/7. The cancellation will become effective on
23 October 2008. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, addresses the regulation of civil aviation in Australia, focusing on ensuring the safety of air navigation. The Act empowers the Governor-General to create regulations that contribute to aviation safety, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments designed to maintain the continuing airworthiness of aircraft, aligning with the obligations under Annex 8 of the Convention on International Civil Aviation. This regulatory framework ensures that Australia adheres to international standards, maintaining the safety of aircraft within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These ADs apply to specific kinds of aircraft or aeronautical products, and are intended to address any unsafe conditions that may arise. As legislative instruments, ADs are subject to disallowance under the Acts Interpretation Act 1901 and are created in accordance with the Legislative Instruments Act 2003. The scope of these regulations extends to all aircraft registered in Australia, with the State of Registry bearing the responsibility for ensuring the continuing airworthiness of each aircraft. In line with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design must also provide necessary information to support the airworthiness of aircraft types. The issuance and cancellation of ADs are processes managed by CASA, reflecting its commitment to maintaining safety standards in civil aviation. The specific AD/DHC-1/7, which affected De Havilland DHC-1 (Chipmunk) model aeroplanes with certain modifications, has been cancelled effective 23 October 2008, due to the resolution of the unsafe condition it was addressing. This cancellation was made in accordance with Australia’s international obligations and without public consultation, as deemed appropriate under the legislative framework.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Governor-General and the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) respectively, focusing on the safety of air navigation. These ADs, which are legislative instruments (section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003), are crucial in maintaining the continuing airworthiness of aircraft types. They are mandated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility for such continuing airworthiness on the State of Design and the State of Registry.
The obligations imposed by these provisions require the State of Design to provide necessary information to ensure the airworthiness of aircraft types, while the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. CASA, acting under these regulations, has issued and subsequently cancelled the airworthiness directive AD/DHC-1/7 for De Havilland DHC-1 (Chipmunk) model aeroplanes with specific modifications. This cancellation is due to the elimination of the unsafe condition and is effective from 23 October 2008, with no replacement AD required.
Failing to comply with the ADs could lead to significant civil or criminal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in civil penalties for individuals and corporations, including fines. The severity of these penalties can vary based on the nature and extent of the non-compliance, and in some cases, criminal charges may be pursued, leading to imprisonment. It is imperative for all stakeholders, including aircraft operators and manufacturers, to adhere strictly to the requirements outlined in these ADs to avoid these repercussions.