AD/DHC-6/21 Amdt 1 - Elevator Connecting Rod - Inspection - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the industry. In line with this, 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 are instrumental in maintaining the continuing airworthiness of aircraft and are issued in accordance with international standards, such as Annex 8 to the Convention on International Civil Aviation. The Act, administered by the Parliament of Australia, aims to uphold safety standards in civil aviation, ensuring that all aircraft operating in Australian airspace meet stringent safety requirements. The policy objective is to protect the public by mitigating risks associated with civil aviation, thereby fostering a safe and reliable aviation environment. Under the authority conferred by the Civil Aviation Act 1988, CASA issued AD/DHC-6/21 Amendment 1 concerning De Havilland DHC-6 (Twin Otter) model aeroplanes, which was subsequently assessed and cancelled by CASA. The cancellation of this AD was due to Australia's obligations under the Convention on International Civil Aviation, which deems the unsafe condition addressed by the AD no longer existent. As the AD has been cancelled in compliance with international obligations, there was no requirement for consultation with the Australian public or for a Regulatory Impact Statement. The AD was made by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the legislative framework provided by the Act.

Scope and Application

The Civil Aviation Act 1988 provides the legal framework for the regulation of civil aviation in Australia, with the Civil Aviation Safety Regulations 1998 outlining specific rules and requirements under the Act. Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products via regulation 39.001. These ADs serve as legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901 and governed by the Legislative Instruments Act 2003. ADs are crucial for maintaining the continuing airworthiness of aircraft and are mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the airworthiness of an aircraft type, and the State of Registry for individual aircraft. In Australia, CASA, as the national airworthiness authority, must assess and, if necessary, issue Australian ADs when required by the State of Design. The cancellation of an AD, such as AD/DHC-6/21 Amendment 1 for De Havilland DHC-6 (Twin Otter) model aeroplanes, is a process overseen by CASA and reflects Australia's adherence to international obligations, with no requirement for public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.

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 are legislative instruments, as outlined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 and further clarified by section 46A of the Acts Interpretation Act 1901. ADs are a fundamental means by which states ensure the ongoing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. Specifically, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must share necessary information with the States of Registry, which in turn must implement or adopt measures to ensure the airworthiness of the aircraft on their registers. Entities governed by these regulations, particularly CASA, are required to assess any ADs issued by States of Design that pertain to aircraft on the Australian register. If necessary, CASA must then issue an Australian AD to enforce the requirements set by the State of Design. This process was exemplified in the case of AD/DHC-6/21 Amendment 1, which affected De Havilland DHC-6 (Twin Otter) model aeroplanes. CASA assessed the AD and subsequently cancelled Australian AD/DHC-6/21 Amendment 1, as the unsafe condition it addressed no longer existed. This cancellation became effective on 20 November 2008, and no replacement AD was required. The regulatory framework under which these actions are taken ensures that all steps are in compliance with international obligations and domestic legal requirements. As this AD cancellation was due to Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public was necessary, and the Office of Best Practice Regulation determined that a Regulatory Impact Statement was not required. The AD was issued by the Manager, Airframe and Structures, within CASA's Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. Any breach of these regulations could have serious consequences. While specific penalties for non-compliance with ADs are not detailed in the provided text, the overarching legal framework suggests that violations could lead to civil or criminal penalties. The exact nature and severity of these penalties would depend on the specific circumstances of the breach, but the intent is to ensure that airworthiness standards are strictly adhered to for the safety of all involved in air navigation.