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 has issued AD CF-2001-36R1 affecting de Havilland Canada
DHC-2 model aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DHC-2/32, Amendment 1, which will become effective on 10 April 2008. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia, ensuring safety and efficiency in the industry. One of the key mechanisms under this Act is the ability for the Governor-General to make regulations, including the issuance of airworthiness directives (ADs) to maintain the safety of air navigation. In accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003, reflecting their importance in maintaining the safety standards of civil aviation. The ADs are issued in response to international obligations under the Convention on International Civil Aviation, ensuring that Australian aircraft meet global safety standards. The issuance of ADs, such as the recent Australian AD/DHC-2/32, Amendment 1, is a direct response to a State of Design's directive and does not require public consultation or a Regulatory Impact Statement. This approach underscores the importance of harmonising national regulations with international safety protocols to protect public safety in the aviation sector.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, establishes the framework for ensuring the safety of air navigation in Australia. Under this legislative regime, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) that apply to specific kinds of aircraft or aeronautical products. These directives are legislative instruments, which must adhere to the requirements of the Legislative Instruments Act 2003. The ADs are issued in accordance with Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types. The State of Registry, which in the case of Australia is CASA, is then required to ensure the continuing airworthiness of individual aircraft by adopting or developing the necessary requirements, which may include implementing ADs issued by the State of Design. This process ensures that Australian aviation standards are aligned with international best practices and safety requirements. The ADs do not typically require public consultation or a Regulatory Impact Statement, as they are responses to international directives and are made in accordance with specific subsections of the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the regulation of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, as such, it is a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the AD on the parties or entities it governs are primarily concerned with maintaining the airworthiness of the specified aircraft. In the case of the AD/DHC-2/32, Amendment 1 issued by CASA, operators of de Havilland Canada DHC-2 model aircraft must comply with the specific requirements outlined in the AD. This may include conducting certain inspections, making repairs, or implementing operational limitations to ensure the continuing airworthiness of the aircraft. CASA, as the national airworthiness authority, is responsible for assessing the AD issued by the State of Design (Canada, in this case) and determining whether an Australian AD is necessary.
Failure to comply with an AD can result in serious legal and operational consequences. Under section 75 of the Civil Aviation Act 1988, a person who contravenes a regulation is liable for a penalty. The maximum penalty for contravening an AD may vary depending on the specific circumstances of the breach, but can include fines and imprisonment. In addition to criminal penalties, non-compliance with an AD can also result in civil consequences, such as the suspension or revocation of an aircraft’s certificate of airworthiness, which would prevent the aircraft from operating legally in Australian airspace. Therefore, it is crucial for operators to adhere to the requirements of any applicable ADs to avoid these potential consequences.