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.
The Civil Aviation Safety Authority or its predecessors issued AD/DHC-3/17 affecting De Havilland DHC-3 (Otter) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-3/17. The cancellation will become effective on 20 November 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 regulate civil aviation in Australia and to provide for the safety of air navigation. This legislation empowers the Governor-General to make regulations necessary for ensuring the safety of air navigation, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Safety Regulations 1998. Specifically, regulation 39.001 allows CASA to issue ADs for particular types of aircraft or aeronautical products to ensure their continuing airworthiness. These ADs serve as legislative instruments, disallowable under the Acts Interpretation Act 1901, and are essential for maintaining compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act 1988 and its regulations aim to uphold the safety and airworthiness of aircraft within Australia, ensuring adherence to both national and international safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legal framework for issuing airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft in Australia. These regulations apply to aircraft registered in Australia and are implemented by the Civil Aviation Safety Authority (CASA). ADs are legislative instruments made by CASA under section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. They are designed to mandate corrective actions and requirements to address safety issues identified in specific types of aircraft or aeronautical products. The ADs are issued in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for continuing airworthiness to the State of Design and the State of Registry. In the case of the cancelled Australian AD/DHC-3/17 for De Havilland DHC-3 (Otter) model aeroplanes, CASA assessed the relevant AD issued by the State of Design and determined that the unsafe condition no longer existed, thereby cancelling the directive. This cancellation process does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, empowers the Governor-General to enact regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This is a crucial provision that ensures the continuous safety and airworthiness of aircraft operating within Australia's airspace. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, as per section 6 of the Legislative Instruments Act 2003, they are recognised as legislative instruments.
The obligations imposed by these regulations include the State of Design having overall responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide any necessary information to the States of Registry to ensure the continuing airworthiness of the aircraft type. Furthermore, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD against an aircraft type on the Australian Register, CASA is mandated to assess this information and, if deemed appropriate, issue an Australian AD that enforces the requirements of the State of Design.
Failure to comply with ADs can lead to significant legal and safety consequences. Although specific offences and penalties are not detailed in the provided text, it is understood that non-compliance with airworthiness directives can result in severe civil or criminal penalties. The consequences may include fines, operational restrictions, or even grounding of the aircraft until the required actions are taken. Such measures are in place to ensure that all aircraft meet the highest safety standards, thereby protecting both the passengers and the general public.
CASA's role in issuing and cancelling ADs is also significant. For instance, AD/DHC-3/17, which affected De Havilland DHC-3 (Otter) model aeroplanes, was assessed and subsequently cancelled by CASA. This cancellation, effective from 20 November 2008, was due to the resolution of the unsafe condition that originally prompted the AD. It is important to note that no public consultation was necessary for this cancellation, as it aligns with Australia's obligations under the Convention on International Civil Aviation. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was issued 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, ensuring that the process is both regulated and authoritative.