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.
CASA issued AD/DHC-6/34 affecting De Havilland Canada DHC-6 model aircraft in 1972. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia and ensure the safety of air navigation. Under this Act, the Governor-General is empowered to make regulations, which are integral to maintaining the safety standards of air navigation. One such regulation, the Civil Aviation Safety Regulations 1998, enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are a legislative instrument, subject to disallowance under the Acts Interpretation Act 1901, and are crucial for ensuring the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation. The State of Registry holds the responsibility for ensuring an aircraft's ongoing airworthiness, while the State of Design must provide necessary information to maintain this standard. CASA has the authority to issue Australian ADs when required, and in the case of AD/DHC-6/34, CASA has decided to cancel it, effective 17 January 2008, as the safety concerns it addressed are now covered by another directive.
Scope and Application
The Civil Aviation Act 1988, in conjunction with 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 legislative framework applies to all entities and individuals involved in the operation, design, and maintenance of aircraft within Australia, ensuring adherence to safety standards as outlined in Annex 8 of the Convention on International Civil Aviation. The State of Design, responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the State of Registry, which in Australia, is CASA. This interplay of responsibilities ensures that ADs are effectively implemented to maintain airworthiness across the national fleet. The issuance of ADs is a legislative instrument subject to disallowance, and their cancellation, such as the AD/DHC-6/34 for De Havilland Canada DHC-6 model aircraft, can occur without public consultation when deemed to reduce regulatory burden, provided no replacement AD is necessary. This mechanism underscores the importance of continuous assessment and adaptation of safety regulations in the aviation sector.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations for the Act, with the paramount aim of ensuring the safety of air navigation. One such regulation is 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are intended to ensure that aircraft maintain their airworthiness over time, a responsibility that is ultimately the purview of the State of Design under Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must review and, if necessary, issue Australian ADs in response to directives from the State of Design to ensure compliance with continuing airworthiness standards.
Under the Civil Aviation Safety Regulations 1998, ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. Consequently, they are also recognised as legislative instruments as per section 6 of the Legislative Instruments Act 2003. The State of Registry, which in Australia's case is CASA, holds the responsibility for ensuring that individual aircraft maintain their airworthiness. This involves developing or adopting necessary requirements, and responding to ADs issued by the State of Design. For example, CASA issued AD/DHC-6/34 in 1972 for De Havilland Canada DHC-6 model aircraft, and has now decided to cancel this directive as the unsafe condition it addressed is covered by AD/GENERAL/74 Amendment 1.
There are no civil or criminal consequences specified in the document for the issuance or cancellation of ADs. However, failure to comply with an AD could potentially lead to serious safety issues, with resultant civil or criminal penalties under other sections of the Civil Aviation Act 1988. For example, non-compliance with ADs could potentially lead to charges under section 58 of the Act, which imposes penalties for endangering safety of air navigation. Penalties under this section can include fines and imprisonment, depending on the severity of the offence.