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.
Transport Canada issued AD CF-2000-14, affecting Bombardier DHC-6 aircraft, in 2000. Canada is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to allow the use of more recent revisions of the associated Bombardier Service Bulletin. The amended AD, AD/DHC-6/31 Amendment 4, will become effective on 23 November 2006. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a regulatory framework for ensuring the safety and efficiency of civil aviation within Australia. It empowers the Governor-General to make regulations necessary for the safety of air navigation. One such regulation, the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs, considered legislative instruments under the Legislative Instruments Act 2003, are mandated by Australia’s obligations under the Convention on International Civil Aviation and are essential for maintaining the continuing airworthiness of aircraft registered in Australia. The policy objective of this legislation is to ensure the highest safety standards in Australian civil aviation, aligning with international standards and obligations.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) within Australia. These regulations allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products in the interest of ensuring air navigation safety. The issuance of ADs is a legislative instrument and is subject to disallowance under the Acts Interpretation Act 1901, as well as the Legislative Instruments Act 2003. The ADs are intended to ensure compliance with international standards set by the International Civil Aviation Organization (ICAO), particularly those under Annex 8, which places the responsibility of continuing airworthiness on the State of Design and requires the State of Registry to implement necessary measures to maintain airworthiness. In the case of Bombardier DHC-6 aircraft, CASA has amended an existing Australian AD in response to a Canadian AD, allowing for the use of more recent revisions of the associated Bombardier Service Bulletin. This amendment is effective from 23 November 2006 and supersedes the previous AD. Given that this amendment arises from Australia's obligations under the Convention on International Civil Aviation and directly responds to an AD from the State of Design, there has been no requirement for public consultation or a Regulatory Impact Statement.
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 specified types of aircraft or aeronautical products, as stipulated in section 98 of the Civil Aviation Act 1988. These ADs, which are legislative instruments according to section 6 of the Legislative Instruments Act 2003, serve as a means for the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type. Additionally, Annex 8 to the Convention on International Civil Aviation outlines the responsibility of the State of Design in ensuring the airworthiness of aircraft types, and mandates that the State of Registry implement requirements for maintaining airworthiness.
The obligations imposed by the Act and the Regulations require CASA to evaluate any ADs issued by the State of Design, such as Transport Canada’s AD CF-2000-14 for Bombardier DHC-6 aircraft, and if deemed appropriate, issue corresponding Australian ADs to enforce these requirements. This process ensures that aircraft registered in Australia meet the safety standards set by the State of Design and comply with international conventions. For instance, CASA amended the Australian AD for Bombardier DHC-6 aircraft to incorporate more recent revisions of the associated Bombardier Service Bulletin, reflecting its commitment to maintaining airworthiness standards.
The Civil Aviation Safety Regulations 1998 outline several consequences for non-compliance with ADs. Any entity or individual who fails to comply with the directives may face civil or criminal penalties, as stipulated by relevant sections of the Civil Aviation Act 1988. The maximum penalties for such breaches can include substantial fines and, in some cases, imprisonment. The stringent enforcement of these directives underscores the importance of adhering to airworthiness requirements to ensure the safety of air navigation.