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-6/14 affecting De Havilland DHC-6 (Twin Otter) model aeroplanes not incorporating Mod. No. 6/1189. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-6/14. 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, enacted by the Commonwealth Parliament, aims to regulate civil aviation in Australia with a focus on ensuring the safety of air navigation. This legislation grants the Governor-General the authority to establish regulations that serve the interests of aviation safety, with the Civil Aviation Safety Regulations 1998 detailing the specific procedures and requirements. One such procedure involves the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of these regulations, which are legislative instruments disallowable under section 46A of the Acts Interpretation Act 1901. These directives, commonly issued by International Civil Aviation Organization (ICAO) Contracting States, ensure the continuing airworthiness of aircraft types, with the State of Design responsible for providing necessary information. In the context of Australian registered aircraft, CASA must assess and, if necessary, issue corresponding ADs to maintain compliance with international standards.
In a specific instance, CASA cancelled Australian AD/DHC-6/14 for De Havilland DHC-6 (Twin Otter) aeroplanes not incorporating Mod. No. 6/1189 due to the resolution of the unsafe condition, effective from 20 November 2008. This action aligns with Australia’s obligations under the Convention on International Civil Aviation, and as such, no public consultation was required. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The cancellation was 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.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is exercised under section 98 of the Act and regulation 39.001 of the Regulations, ensuring compliance with safety standards as prescribed by Annex 8 of the Convention on International Civil Aviation. ADs serve as a mechanism to maintain the continuing airworthiness of aircraft and are a legislative instrument under the Legislative Instruments Act 2003. The geographic reach of this legislation is national, applying to all aircraft and aeronautical products registered in Australia, in alignment with international standards. Exclusions or exemptions are not explicitly detailed in the document, but the authority to issue and cancel ADs ensures that the safety requirements are strictly enforced. The issuance and cancellation of ADs, such as the recent cancellation of AD/DHC-6/14 for De Havilland DHC-6 Twin Otter model aeroplanes, reflect CASA's commitment to safety and adherence to international obligations, demonstrating the dynamic nature of regulatory oversight in civil aviation.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, outlines the legislative framework within which the Civil Aviation Safety Authority (CASA) operates, particularly concerning the issuance and management of airworthiness directives (ADs). According to section 98 of the Act, the Governor-General has the authority to establish regulations aimed at ensuring the safety of air navigation, and regulation 39.001 specifically empowers CASA to issue ADs for specified types of aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus they qualify as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and other relevant parties are substantial. CASA, as the national airworthiness authority, is mandated to assess ADs issued by the State of Design and determine whether these directives should be implemented in Australia. The State of Design, which is the country where the aircraft was originally designed, has a primary responsibility under Annex 8 of the Convention on International Civil Aviation to ensure the continuing airworthiness of aircraft types. Conversely, the State of Registry, which is Australia in this context, must ensure that each aircraft under its registry meets the necessary airworthiness standards. CASA must therefore review and, if appropriate, issue Australian ADs to align with international standards and obligations.
Failure to comply with ADs or the regulatory requirements set out in the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 can lead to severe consequences. Although specific penalties are not outlined in the text, non-compliance generally results in administrative, civil, or criminal penalties, depending on the severity and nature of the breach. These consequences can include fines, imprisonment, or other sanctions as prescribed by relevant aviation laws. The text does not provide specific maximum penalties but indicates that serious breaches can lead to significant legal repercussions.
The process of issuing and cancelling ADs also involves rigorous assessment and consultation, although the text notes that in the case of the cancellation of Australian AD/DHC-6/14, no public consultation was required due to Australia's obligations under the Convention on International Civil Aviation. The AD in question, which affected De Havilland DHC-6 (Twin Otter) model aeroplanes, was issued by CASA but subsequently cancelled as the unsafe condition identified in the original directive no longer existed. The cancellation of this AD was executed by the Manager, Airframe and Structures Manager, in the Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Act.