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-2/2 affecting De Havilland DHC-2 (Beaver) model aeroplanes fitted with Lever Hub Part No.
C2-UF-2163. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-2/2. 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, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. This Act empowers the Governor-General to make regulations that ensure the safety of air navigation, and under regulation 39.001, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. The purpose of these ADs is to maintain the continuing airworthiness of aircraft in accordance with international standards and to address safety issues as they arise. The ADs serve as legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 respectively. The enactment of this legislation was driven by the need to align Australian civil aviation regulations with international safety standards, particularly those set by the International Civil Aviation Organization (ICAO), and to ensure the safe operation of aircraft within Australian airspace.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legal framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory approach ensures that all aircraft and related products maintain their airworthiness throughout their operational life. The ADs are legislative instruments that align with the requirements of Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design and the State of Registry both have responsibilities in ensuring continuing airworthiness. In Australia, CASA, acting on behalf of the State of Registry, has the authority to issue these directives, which are intended to address any unsafe conditions identified. However, in certain circumstances, such as the cancellation of AD/DHC-2/2 for De Havilland DHC-2 (Beaver) model aeroplanes, the obligation to consult with the Australian public or to prepare a Regulatory Impact Statement does not apply. The AD cancellation in this instance was necessitated by Australia's commitments under the Convention on International Civil Aviation, and CASA has determined that no further action is necessary as the unsafe condition has been resolved.
Key Provisions
Under the Civil Aviation Act 1988 (section 98), the Governor-General is empowered to make regulations that serve the interests of aviation safety. This authority is exercised through the Civil Aviation Safety Regulations 1998, where regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are deemed legislative instruments under section 6 of the Legislative Instruments Act 2003, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 primarily focus on ensuring the continuing airworthiness of aircraft. The State of Design is responsible for the overall airworthiness of an aircraft type, including providing necessary information to States of Registry as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, in turn, must implement or adopt requirements to maintain the airworthiness of individual aircraft registered within its jurisdiction. This regulatory framework ensures that all stakeholders are aware of their respective roles and responsibilities in maintaining aviation safety.
In the specific case of the De Havilland DHC-2 (Beaver) model aeroplanes, CASA issued an airworthiness directive (AD/DHC-2/2) concerning Lever Hub Part No. C2-UF-2163. However, CASA has since assessed this directive and determined that it could be cancelled because the unsafe condition it addressed no longer exists. Consequently, the cancellation of AD/DHC-2/2 will take effect on 23 October 2008, and no replacement AD is necessary. This cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, which did not necessitate public consultation or the preparation of a Regulatory Impact Statement.
Failure to comply with the airworthiness directives issued by CASA can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance can lead to both civil and criminal penalties. Civil penalties may include fines and administrative actions, while criminal penalties can involve imprisonment, reflecting the seriousness of ensuring aviation safety. The maximum penalties for such offences are stipulated within the Civil Aviation Act 1988, underscoring the importance of adhering to regulatory requirements.