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-6/44 affecting De Havilland DHC-6 (Twin Otter) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-6/44. 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 was enacted to address the need for comprehensive regulation of civil aviation within Australia, ensuring safety and efficiency in air navigation. The Act provides a legislative framework under which the Civil Aviation Safety Authority (CASA) can operate, including the authority to issue airworthiness directives (ADs). These directives are crucial for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 further detail the processes and requirements for issuing these directives. The objective of these regulations, as stated, is to uphold the highest safety standards in air navigation, reflecting Australia's commitment to international aviation safety protocols.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative provision is designed to uphold the safety of air navigation as stipulated in section 98 of the Civil Aviation Act 1988. These directives are critical tools for ensuring the continuing airworthiness of aircraft, a responsibility that ultimately rests with the State of Registry, which in Australia is CASA. The application of these regulations is extensive, covering all aircraft registered in Australia and extending to the enforcement of international standards as set forth by the Convention on International Civil Aviation, specifically Annex 8. This ensures that Australian aviation practices align with global safety benchmarks. The ADs serve as legislative instruments under the Acts Interpretation Act 1901 and are subject to the Legislative Instruments Act 2003. While these directives apply broadly to the aviation industry, there are no stated exclusions or exemptions within the text provided, although it is noted that ADs do not require a Regulatory Impact Statement, reflecting the regulatory efficiency and alignment with international obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the process and authority for issuing airworthiness directives (ADs) (sections 98 and 39.001 respectively). Under section 98, the Governor-General has the power to make regulations that ensure the safety of air navigation. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as legislative instruments according to section 6 of the Legislative Instruments Act 2003. The ADs are aligned with the standards set by Annex 8 to the Convention on International Civil Aviation, where the State of Design bears the responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the individual aircraft's continuing airworthiness.
The obligations under this Act and regulations primarily rest with CASA as Australia's national airworthiness authority. CASA must assess information from State of Design ADs, and if necessary, issue corresponding Australian ADs to ensure compliance with safety standards. For example, CASA assessed and subsequently cancelled AD/DHC-6/44 for De Havilland DHC-6 (Twin Otter) model aeroplanes, due to the resolution of the unsafe condition identified in the original directive. Such assessments and decisions are made by authorised personnel within CASA, specifically the Manager, Airframe and Structures Manager, in the Airworthiness Engineering Group, as per subsection 84A(2) of the Act.
In terms of legal consequences, there are no explicit offences or penalties detailed in the text regarding the issuance or non-compliance with ADs. However, failure to comply with an AD could potentially lead to enforcement actions under the Civil Aviation Act 1988 or other related aviation regulations. While specific penalties are not outlined, non-compliance could result in significant civil or criminal consequences, including fines or imprisonment, depending on the severity of the breach and the specific provisions of the Act and Regulations that are contravened. The text does not provide maximum penalty figures, but such details would typically be found in the relevant sections of the Act and Regulations.