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.
In 2007 Transport Canada issued AD CF-2007-26 to mandate inspection of the Upper Engine Mount Brackets of de Havilland of Canada DHC-4 aeroplanes. Canada is the State-of-Design of the DHC-4 aeroplane. In 2011 two DHC-4 aeroplanes were registered in Australia and CASA has decided to issue AD/DHC-4/1 to mandate
CF-2007-26. AD/DHC-4/1 will become effective on 24 February 2012. Compliance with AD/DHC-4/1 must be achieved before further flight after 24 February 2012.
This AD is issued because CASA considers it appropriate to do so in view of Australia’s obligations under the Convention on International Civil Aviation. No consultation of the Australian public has taken place because it is issued in response to an AD raised by the relevant State of Design. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The AD has been made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted by the Australian Parliament to provide a legislative framework for the regulation of civil aviation in Australia, addressing the need for a comprehensive and cohesive regulatory environment that ensures the safety and efficiency of civil aviation operations. One of the key mechanisms under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as authorised by regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs serve as a critical tool in maintaining the continuing airworthiness of aircraft in line with international standards set by the International Civil Aviation Organization (ICAO). The policy objective of these regulations is to harmonise Australian aviation safety practices with international standards, thereby enhancing the safety of air navigation in Australia. Compliance with ADs is mandatory to ensure that aircraft meet necessary safety standards before further operation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia. These directives apply to the kinds of aircraft and aeronautical products specified under regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a legislative instrument, as outlined in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. ADs are issued to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with Australia’s obligations under Annex 8 of the Convention on International Civil Aviation. The State of Registry, in this case the Civil Aviation Safety Authority (CASA), must ensure that all aircraft registered in Australia comply with the relevant ADs. For instance, in response to an AD issued by Canada for de Havilland of Canada DHC-4 aeroplanes, CASA issued AD/DHC-4/1 to mandate the inspection of the Upper Engine Mount Brackets. This AD applies to all DHC-4 aeroplanes registered in Australia and became effective on 24 February 2012. Compliance is mandatory for continued flight after this date. The issuance of ADs does not require public consultation or a Regulatory Impact Statement, as they are responses to international obligations and do not infringe on any human rights or freedoms.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, as described in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and hence are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The ADs serve as a primary means for continuing airworthiness information, mandated by Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design holds the overall responsibility for ensuring the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the continuing airworthiness of an individual aircraft.
Compliance with the ADs issued by CASA is mandatory for ensuring the safety of aircraft registered in Australia. For instance, in 2007, Transport Canada issued AD CF-2007-26 to mandate the inspection of Upper Engine Mount Brackets of de Havilland of Canada DHC-4 aeroplanes, given that Canada is the State-of-Design. Following this, CASA issued AD/DHC-4/1 in 2011, which became effective on 24 February 2012, to mandate the same requirements for DHC-4 aeroplanes registered in Australia. Compliance with this AD is required before further flight after the specified effective date. This issuance is in line with Australia's obligations under the Convention on International Civil Aviation and does not necessitate public consultation as it responds to an AD raised by the relevant State of Design. Additionally, the Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement.
Under the Civil Aviation Act 1988, entities and individuals governed by these regulations are required to adhere to the ADs issued by CASA. This includes ensuring that any mandated inspections, repairs, or modifications are carried out before further flight, as specified in the ADs. Failure to comply with these directives can result in serious safety implications, potentially leading to aircraft being deemed unairworthy. The regulations impose a duty on the State of Registry to develop or adopt requirements to ensure the continuing airworthiness of aircraft, and CASA’s issuance of ADs is a critical part of fulfilling this duty.
Breach of the ADs can result in severe consequences, including potential enforcement actions by CASA. While the Civil Aviation Safety Regulations 1998 do not specify maximum penalties for non-compliance with ADs, non-compliance with aviation safety regulations generally can lead to significant fines, penalties, and even criminal charges in cases of gross negligence or willful disregard of safety requirements. The overarching aim is to ensure the highest standards of safety and airworthiness are maintained, protecting both the flying public and the integrity of the aviation industry.