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-6/5 affecting De Havilland DHC-6 (Twin Otter) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-6/5. 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 a framework for the regulation of civil aviation in Australia, with a strong emphasis on ensuring safety and efficiency in air navigation. This legislation empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which in turn allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are essential for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, plays a critical role in assessing and issuing ADs, ensuring compliance with both international standards and Australian regulations.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises CASA to issue these directives, which are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These ADs are integral to maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 of the Convention on International Civil Aviation. The State of Design has the primary responsibility for ensuring the airworthiness of aircraft types and must provide necessary information to the States of Registry, including Australia, where the aircraft are registered. CASA, acting as Australia’s national airworthiness authority, assesses the information from the State of Design and, if appropriate, issues corresponding Australian ADs to enforce the required safety measures. The cancellation of an AD, such as AD/DHC-6/5 for De Havilland DHC-6 (Twin Otter) model aeroplanes, is made without public consultation due to Australia’s international obligations, and such actions do not require a Regulatory Impact Statement.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly those concerning the issuance of airworthiness directives (ADs), are established under section 98 of the Act (Civil Aviation Act 1988) and regulation 39.001 of the Regulations (Civil Aviation Safety Regulations 1998). Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 permits the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments according to section 6 of the Legislative Instruments Act 2003. The obligations of the parties governed by these provisions include the State of Design having overall responsibility for the continuing airworthiness of an aircraft type and the State of Registry ensuring the continuing airworthiness of individual aircraft by developing or adopting requirements. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue an Australian AD to enforce the requirements.
The obligations and requirements imposed by the Act and the Regulations are multifaceted. The State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type, which is disseminated through ADs. The State of Registry must develop or adopt requirements to maintain airworthiness and ensure compliance with any ADs issued by the State of Design. CASA, as the regulatory body, has the duty to assess foreign ADs and determine if they necessitate an Australian AD. If an AD is issued, it must be communicated to the relevant parties and enforced. Furthermore, CASA must ensure that the ADs comply with international standards set by the Convention on International Civil Aviation and Annex 8.
The consequences of breaching the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can be significant. Failure to comply with ADs can result in severe penalties, including civil and criminal consequences. Specifically, non-compliance with ADs may lead to the grounding of aircraft, fines, and in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach but can include substantial fines and lengthy periods of imprisonment for serious violations. It is imperative for all parties involved to adhere strictly to the requirements and obligations outlined in the Act and the Regulations to avoid these serious repercussions.