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-6/42 affecting De Havilland DHC-6 (Twin Otter) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-6/42. 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 Manager, 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 by the Australian Parliament, aims to ensure the safety and efficiency of civil aviation within Australia. This legislation, through its various provisions, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. These ADs are intended to ensure that aircraft types meet the necessary safety requirements throughout their operational life. The Civil Aviation Safety Regulations 1998 further define the process for CASA to issue such directives, which are regarded as legislative instruments. The ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft, ensuring compliance with international standards set by the Convention on International Civil Aviation. This regulatory framework allows CASA to address safety issues effectively, thereby safeguarding public safety and maintaining the integrity of Australia’s civil aviation system.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, which stem from the Civil Aviation Act 1988, govern the issuance of airworthiness directives (ADs) under section 98 of the Act and regulation 39.001. These regulations apply to all aircraft and aeronautical products within Australia, ensuring the safety of air navigation. The Civil Aviation Safety Authority (CASA) can issue ADs for specific aircraft types or aeronautical products, making them legislative instruments as per the Legislative Instruments Act 2003. The State of Design, responsible for the continuing airworthiness of an aircraft type, must provide necessary information to States of Registry, which are responsible for the individual aircraft’s airworthiness. CASA, acting on behalf of Australia, assesses these ADs and may issue Australian ADs to enforce the State of Design’s requirements. The process involves compliance with international obligations under the Convention on International Civil Aviation, Annex 8, and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, pertain to the issuance and management of airworthiness directives (ADs) as specified in regulation 39.001. These regulations allow the Civil Aviation Safety Authority (CASA) to issue ADs concerning specific types of aircraft or aeronautical products, which are instrumental in ensuring the continuing airworthiness of aircraft as per international standards. An AD is classified as a legislative instrument and can be disallowed under the Acts Interpretation Act 1901, making it subject to specific scrutiny processes. The State of Design, which is the country where the aircraft was designed, is tasked with ensuring the continuing airworthiness of the aircraft type and must provide necessary information to States of Registry. The State of Registry, in this case CASA, is responsible for assessing and, if necessary, issuing Australian ADs based on the information provided by the State of Design.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties governed by these regulations include the responsibility for ensuring the continuing airworthiness of aircraft. The State of Design must provide comprehensive information necessary to maintain airworthiness, while the State of Registry, in this context CASA, must assess this information and take appropriate action, such as issuing Australian ADs. CASA must act in accordance with international obligations under Annex 8 to the Convention on International Civil Aviation and ensure that the safety regulations are adhered to strictly. In the case of the De Havilland DHC-6 (Twin Otter) model aeroplanes, CASA assessed the relevant AD and decided to cancel the Australian AD/DHC-6/42 because the unsafe condition it was addressing no longer existed. This decision was made in compliance with international obligations and without public consultation, as determined by the Office of Best Practice Regulation.
The Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or consequences for non-compliance with the ADs. However, the overarching Civil Aviation Act 1988 and other related legislation provide a framework for enforcing compliance with airworthiness directives. Failure to comply with ADs could result in significant safety risks, potentially leading to enforcement actions by CASA. These actions could include fines, suspension or revocation of airworthiness certificates, or other regulatory measures. While the specific penalties are not detailed in the Civil Aviation Safety Regulations 1998, the seriousness of non-compliance with airworthiness directives is underscored by the potential for severe consequences under the broader civil aviation legislative framework.