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-6/1 affecting De Havilland DHC-6 (Twin Otter) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-6/1. 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, 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 was enacted to provide a comprehensive legislative framework for ensuring the safety and efficiency of civil aviation within Australia. The Act empowers the Governor-General to create regulations aimed at safeguarding air navigation, with regulation 39.001 specifically authorising the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This enactment addresses the need for a coordinated and authoritative approach to maintaining the safety standards of aircraft operating within Australia, aligning with international conventions such as Annex 8 to the Convention on International Civil Aviation. The authority to issue ADs is derived from CASA's role as Australia's national airworthiness authority, tasked with ensuring compliance with international standards and the continuous airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, facilitates the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. The Act empowers the Governor-General to create regulations that serve the interests of safety, and regulation 39.001 specifically authorises CASA to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. In alignment with Annex 8 of the Convention on International Civil Aviation, the State of Design holds responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the ongoing airworthiness of individual aircraft within its jurisdiction. Therefore, CASA, as Australia’s national airworthiness authority, evaluates ADs issued by other states and, if necessary, issues corresponding Australian ADs to enforce the requisite safety standards. The process of issuing and cancelling ADs, such as AD/DHC-6/1 for De Havilland DHC-6 (Twin Otter) model aeroplanes, is conducted under the authority of the Act, ensuring compliance with international standards and the elimination of unsafe conditions.
Key Provisions
The Civil Aviation Act 1988 provides the framework for ensuring the safety of air navigation in Australia. Specifically, section 98 allows the Governor-General to make regulations for the purposes of the Act, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as a legislative instrument under section 6 of the Legislative Instruments Act 2003 and are crucial for maintaining the continuing airworthiness of aircraft types and aeronautical products. The State of Design, which is responsible for the aircraft type, must provide the necessary information to ensure continuing airworthiness, and the State of Registry must implement these requirements domestically. In this instance, CASA has issued and subsequently cancelled Australian AD/DHC-6/1 for De Havilland DHC-6 (Twin Otter) model aeroplanes, effective 20 November 2008, due to the resolution of the unsafe condition that originally prompted the AD.
Under the Civil Aviation Safety Regulations 1998, CASA is obligated to assess any AD issued by the State of Design and to issue an equivalent Australian AD if appropriate. This ensures that all aircraft registered in Australia meet the necessary safety standards. The obligations on the parties governed by these regulations include adherence to the ADs issued by CASA and the implementation of any necessary modifications or inspections to maintain the airworthiness of the aircraft. The State of Registry is responsible for ensuring that the aircraft under its jurisdiction comply with these ADs, which involves monitoring and enforcing adherence to the directives.
Failure to comply with an AD can result in severe consequences. Under section 190 of the Civil Aviation Act 1988, an operator who contravenes an AD commits an offence and may be liable for a fine of up to $21,000 for each flight conducted in contravention. Additionally, an aircraft that does not comply with the requirements of an AD cannot be flown unless a permit is obtained under section 191 of the Act. The maximum penalties for non-compliance highlight the importance of adhering to these directives to ensure the safety of air navigation.