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-6/25 Amendment 1 affecting De Havilland DHC-6 (Twin Otter) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-6/25 Amendment 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, enacted to ensure the safety of air navigation, empowers the Governor-General to make regulations as necessary. Within this framework, the Civil Aviation Safety Regulations 1998 authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, which are legislative instruments, serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The State of Design holds responsibility for the ongoing airworthiness of aircraft types, and the State of Registry is tasked with ensuring the airworthiness of individual aircraft. CASA, acting on behalf of Australia, assesses international ADs and may issue corresponding Australian ADs to enforce necessary safety measures. This particular legislative instrument, AD/DHC-6/25 Amendment 1, concerning De Havilland DHC-6 (Twin Otter) model aeroplanes, has been cancelled by CASA due to the resolution of the unsafe condition it addressed, thereby fulfilling Australia’s international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, encompasses a comprehensive framework designed to ensure the safety of air navigation and the continuing airworthiness of aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interest of safety, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are legislative instruments that align with the requirements set out in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types, and the State of Registry as responsible for individual aircraft. The ADs serve as a critical means for communicating continuing airworthiness information to ensure that safety standards are uniformly met across international borders. In the instance of the De Havilland DHC-6 (Twin Otter) model aeroplanes, CASA issued and subsequently cancelled an AD due to the resolution of the previously identified unsafe condition, reflecting Australia's commitment to international civil aviation obligations.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. This legislative authority is exercised through the Civil Aviation Safety Regulations 1998, where regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework ensures that all relevant parties adhere to the standards required for maintaining the airworthiness of aircraft. Furthermore, as per subregulation 39.001(5), ADs are classified as disallowable instruments under the Acts Interpretation Act 1901, and as such, they are considered legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA, as Australia’s national airworthiness authority, is obligated to ensure the continuing airworthiness of aircraft registered within Australia. This includes the assessment and implementation of ADs issued by the State of Design, which holds responsibility for the continuing airworthiness of an aircraft type as per Annex 8 to the Convention on International Civil Aviation. When a State of Design issues an AD, CASA must evaluate the information provided and, if deemed necessary, issue an Australian AD to enforce the required safety measures. This ensures that all aircraft within Australia meet the safety standards set by international and national regulations.
The obligations placed on parties governed by these regulations include the mandatory compliance with ADs issued by CASA. Operators and owners of affected aircraft must adhere to the directives to maintain airworthiness. Failure to comply with these directives can result in severe consequences, including potential grounding of the aircraft, which can significantly impact operations and safety. Additionally, CASA’s role in monitoring compliance and enforcing these directives ensures that any non-compliance is identified and addressed promptly.
Breaches of the provisions outlined in the Civil Aviation Safety Regulations 1998 can result in significant penalties. Under section 18 of the Civil Aviation Act 1988, penalties for non-compliance can include substantial fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, but they serve as a deterrent against non-compliance with airworthiness directives. Such measures are crucial for maintaining the high safety standards required in the aviation industry.