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-6/26 affecting De Havilland DHC-6 (Twin Otter) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-6/26. 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 for the safety and efficiency of civil aviation in Australia, with a particular emphasis on air navigation safety. The Act allows for the creation of regulations by the Governor-General to support its objectives, and these regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft and aeronautical products. This legislative framework ensures that Australia adheres to international standards set by the International Civil Aviation Organization (ICAO), particularly concerning the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further define the process for issuing ADs, which are legislative instruments subject to disallowance and oversight. CASA’s role as the national airworthiness authority involves assessing ADs issued by the State of Design and, where necessary, issuing corresponding ADs for aircraft on the Australian register to maintain safety standards.
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) under regulation 39.001, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. These directives are crucial for ensuring the continuing airworthiness of aircraft registered in Australia and align with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Design is primarily responsible for the airworthiness of an aircraft type, and the State of Registry, in this case CASA, must ensure that Australian-registered aircraft meet these standards. In the specific instance of the De Havilland DHC-6 (Twin Otter) model aeroplanes, CASA issued an Australian AD following an assessment of an international directive. However, CASA subsequently cancelled AD/DHC-6/26 due to the resolution of the unsafe condition, a decision rooted in Australia's obligations under the Convention on International Civil Aviation. This cancellation took effect on 20 November 2008, and no replacement AD was necessary. The process of issuing and cancelling such directives is conducted without public consultation and does not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations that serve the interests of air navigation safety. This authority is exercised by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows for the issuance of airworthiness directives (ADs). These ADs can pertain to specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and is classified as a legislative instrument in line with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA, as Australia's national airworthiness authority, include the responsibility of assessing any ADs issued by the State of Design. If an AD is deemed appropriate, CASA must issue a corresponding Australian AD to ensure compliance with the safety requirements stipulated by the State of Design. This aligns with the Convention on International Civil Aviation, where the State of Design holds overall responsibility for the continuing airworthiness of an aircraft type. Furthermore, the State of Registry, which is the state where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft, as per Annex 8 of the Convention.
The issuance of an AD by CASA, as seen in AD/DHC-6/26 concerning De Havilland DHC-6 (Twin Otter) model aeroplanes, is subject to assessment and subsequent action. In this particular case, CASA assessed the AD and, finding that the unsafe condition no longer existed, decided to cancel the Australian AD/DHC-6/26, which took effect on 20 November 2008. This cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation and thus did not require consultation with the Australian public. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
For breaches of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, the legislation does not explicitly state the specific offences, penalties, or civil/criminal consequences. However, non-compliance with airworthiness directives can lead to significant safety risks and potential legal repercussions. CASA has the authority to enforce compliance through various measures, including fines, suspension, or revocation of airworthiness certificates, which could lead to the grounding of aircraft and other penalties as deemed necessary to ensure compliance with safety standards.