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-6/13 affecting De Havilland DHC-6 (Twin Otter) model aeroplanes not modified to Mod. Bulletin No. 6/1085. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-6/13. 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 Manager, 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 legal framework for the regulation of civil aviation in Australia, addressing issues related to the safety, efficiency, and economic development of the aviation industry. This Act empowers the Governor-General to make regulations to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, further detail the procedures and requirements for maintaining airworthiness, including the issuance of airworthiness directives (ADs). These directives are legislative instruments designed to mandate specific safety measures for certain types of aircraft or aeronautical products, thereby ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Authority (CASA) is responsible for issuing these ADs, reflecting Australia’s commitment to international obligations and ensuring that the continuing airworthiness of aircraft registered in Australia is maintained at a high standard.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, establishes the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for particular types of aircraft or aeronautical products. This regulatory action is taken under the authority conferred by section 98 of the Civil Aviation Act 1988, where the Governor-General has the power to make regulations in the interests of air navigation safety. ADs, which are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, are integral to maintaining the continuing airworthiness of aircraft types registered in Australia, aligning with international standards set by Annex 8 to the Convention on International Civil Aviation. The ADs issued by CASA serve to mandate specific requirements for aircraft, reflecting the State of Design’s responsibility for providing necessary information and the State of Registry’s duty to ensure compliance with continuing airworthiness standards.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the framework for the issuance of airworthiness directives (ADs). These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, ensuring they meet safety standards. An AD, as stated in subregulation 39.001(5), is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and subsequently, a legislative instrument under section 6 of the Legislative Instruments Act 2003.
Under the obligations imposed by these regulations, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to States of Registry to ensure that aircraft remain airworthy. The State of Registry, in turn, must develop or adopt requirements to maintain the airworthiness of individual aircraft registered within its jurisdiction. When an AD is issued by the State of Design, CASA must evaluate this information and, if necessary, issue a corresponding Australian AD to enforce the State of Design’s requirements.
In the case of the De Havilland DHC-6 (Twin Otter) model aeroplanes, the AD/DHC-6/13 was issued by CASA but has since been cancelled due to the aeroplanes being modified to Mod. Bulletin No. 6/1085, which resolved the previously identified unsafe condition. This cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, and no consultation with the Australian public was necessary. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, reflecting the regulatory framework’s focus on safety and compliance.
Failure to comply with the requirements of an AD can result in significant consequences. Non-compliance with ADs can lead to serious safety risks and potential legal liabilities for aircraft operators. Under the Civil Aviation Act 1988, CASA has the authority to enforce compliance and may take action against entities that fail to adhere to ADs. This can include imposing fines, issuing enforcement notices, or even grounding non-compliant aircraft. The specific penalties for non-compliance may vary, but they are intended to ensure that safety standards are upheld to protect the public and maintain the integrity of the aviation industry.