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-85-04 affecting de Havilland Canada DHC-3 model aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DHC-3/30, Amendment 1, which will become effective on 15 January 2009. 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 Manager, Airframes& 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 was enacted to ensure the safety of civil aviation in Australia, providing a legislative framework for the regulation of aviation safety. One of its primary purposes is to allow the Governor-General to make regulations under section 98 of the Act for the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further elaborate on safety requirements, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments that mandate specific safety measures for aircraft types registered in Australia, in alignment with international obligations under the Convention on International Civil Aviation. The ADs ensure the continuing airworthiness of aircraft and are issued in response to safety concerns identified by the State of Design or other ICAO Contracting States. The policy objective is to maintain high safety standards in civil aviation by ensuring that Australian aircraft comply with international safety regulations.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These ADs are legislative instruments that serve to ensure the safety of air navigation, in line with the overarching principles set forth in the Civil Aviation Act 1988. Under subregulation 39.001(5), ADs are subject to disallowance as outlined in section 46A of the Acts Interpretation Act 1901, and they are considered legislative instruments under the Legislative Instruments Act 2003. These directives apply to aircraft registered in Australia, and CASA's role is to assess and, where necessary, issue corresponding Australian ADs in response to directives from the State of Design, in this case, Canada, as mandated by Annex 8 of the Convention on International Civil Aviation. Given that ADs are integral to maintaining the continuing airworthiness of aircraft and are issued pursuant to international obligations, they do not require public consultation or a Regulatory Impact Statement. This specific AD, issued by CASA, pertains to de Havilland Canada DHC-3 model aircraft and has been made by the Manager, Airframes & Structures in the Airworthiness Engineering Group, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interests of safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables CASA to issue ADs for specific kinds of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. The ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft, in line with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds responsibility for providing necessary information to the States of Registry.
The obligations imposed by these regulations are significant. The State of Design must issue ADs for any aircraft type to ensure continuing airworthiness, while the State of Registry, in this case, CASA, must assess and, if necessary, issue corresponding ADs for aircraft registered in Australia. For example, Transport Canada has issued AD CF-85-04 concerning de Havilland Canada DHC-3 model aircraft. CASA, acting on behalf of Australia, has evaluated this directive and issued the Australian AD/DHC-3/30, Amendment 1, which will take effect on 15 January 2009. This process highlights the collaborative nature of international aviation safety, where national authorities must align with directives issued by the aircraft's State of Design.
Given that these ADs are issued to fulfil Australia's obligations under the Convention on International Civil Aviation, and in response to directives from the relevant State of Design, there has been no public consultation required for this particular AD. Additionally, the Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement. The Manager of Airframes & Structures in the Airworthiness Engineering Group has issued this AD on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The implications of failing to comply with an AD are serious, as they are designed to address safety concerns that could lead to significant risks in air navigation. While the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not explicitly detail penalties for non-compliance in this context, general provisions within the Act may apply. Non-compliance with an AD can lead to enforcement actions, including fines and potential criminal charges, depending on the severity of the violation and its impact on safety. The specific penalties for non-compliance are not detailed in the provided text, but they can include substantial financial penalties and, in severe cases, imprisonment.