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-2/6 affecting de Havilland DHC-2 (Beaver) model aeroplanes engaged in agricultural operations. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-2/6. 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, provides the legislative framework for ensuring the safety of civil aviation within Australia. This Act empowers the Governor-General to make regulations for the purposes of the Act and to ensure the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were created, with regulation 39.001 specifically enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft and ensuring safety standards are met. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. In accordance with Australia's obligations under Annex 8 to the Convention on International Civil Aviation, CASA has the responsibility to ensure that ADs are issued to maintain the safety and airworthiness of aircraft, and in this instance, has cancelled AD/DHC-2/6 for de Havilland DHC-2 (Beaver) model aeroplanes, effective 23 October 2008, due to the resolution of the unsafe condition previously identified.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows CASA to issue ADs for kinds of aircraft or aeronautical products. These ADs are legislative instruments, as provided under subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. The scope of these regulations applies to the continuing airworthiness of aircraft types and individual aircraft, with the State of Design having overall responsibility for the former, and the State of Registry for the latter, under Annex 8 of the Convention on International Civil Aviation. ADs serve as the most common form of continuing airworthiness information and are issued by most ICAO Contracting States, including Australia. Notably, this legislative framework allows CASA to issue and cancel ADs, such as the recent cancellation of Australian AD/DHC-2/6 for de Havilland DHC-2 (Beaver) model aeroplanes, which will become effective on 23 October 2008, following the assessment of the unsafe condition no longer existing.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework within which airworthiness directives (ADs) are issued. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations under these regulations primarily focus on ensuring the continuing airworthiness of aircraft. The State of Design, as per Annex 8 of the Convention on International Civil Aviation, is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. In Australia, CASA, as the State of Registry, is tasked with developing or adopting requirements to ensure the airworthiness of aircraft. This includes issuing ADs to address specific safety concerns. CASA has previously issued AD/DHC-2/6 for de Havilland DHC-2 (Beaver) aeroplanes engaged in agricultural operations, but has since cancelled this AD, effective from 23 October 2008, as the unsafe condition it was addressing no longer exists.
In terms of compliance, entities governed by these regulations must adhere to the ADs issued by CASA. These directives can mandate specific actions, such as inspections, repairs, or modifications, to ensure the safety of the aircraft. Failure to comply with an AD can have serious safety implications and may result in severe consequences under the law. The Act and Regulations do not explicitly detail civil or criminal penalties for non-compliance with ADs, but non-compliance with aviation safety regulations generally can lead to significant penalties, including fines and imprisonment, as provided under the broader aviation and safety laws.
The regulatory process for ADs is streamlined to ensure timely and effective responses to safety issues. As ADs are considered legislative instruments, they are not subject to the requirement for a Regulatory Impact Statement, and CASA has determined that no public consultation is necessary in this case due to Australia’s obligations under the Convention on International Civil Aviation. The AD cancellation process, as seen with AD/DHC-2/6, is conducted by CASA in accordance with the Act, specifically under subsection 84A(2), ensuring that safety measures are aligned with international standards and obligations.