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-6/55 affecting De Havilland DHC-6 (Twin Otter) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-6/55. 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, Systems and New Technologies, 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 ensure the safety and efficiency of civil aviation in Australia. This legislation provides the framework for the regulation of civil aviation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs are legislative instruments made under the authority of regulation 39.001 of the Civil Aviation Safety Regulations 1998. The primary objective of the Act is to safeguard air navigation and to maintain high standards of safety in civil aviation, aligning with Australia's obligations under international conventions such as the Convention on International Civil Aviation. CASA, as the national airworthiness authority, has the responsibility to issue ADs when necessary, ensuring that the continuing airworthiness of aircraft registered in Australia is maintained. This specific regulation addresses the cancellation of an AD concerning De Havilland DHC-6 (Twin Otter) model aeroplanes, reflecting CASA's commitment to international safety standards and the resolution of identified safety issues.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Governor-General to create regulations that ensure the safety of air navigation, with the Civil Aviation Safety Authority (CASA) acting as the national airworthiness authority. Specifically, regulation 39.001 allows CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are integral to maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Registry, which in Australia is CASA. The issuance and assessment of these directives are governed by international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for ensuring aircraft types are airworthy. In the case of the De Havilland DHC-6 (Twin Otter) model aeroplanes, CASA issued and subsequently cancelled Australian AD/DHC-6/55, reflecting the resolution of the unsafe condition that originally prompted the directive. This process adheres to Australia's international commitments, obviating the need for public consultation or a Regulatory Impact Statement. The authority to issue these directives is exercised by CASA, under the supervision of the Manager, Systems and New Technologies, within the Airworthiness Engineering Group, in line with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to create regulations in the interest of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and legislative instruments under section 6 of the Legislative Instruments Act 2003.
Obligations under these regulations include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type, which involves providing necessary information to the States of Registry. The State of Registry must then develop or adopt requirements to maintain the continuing airworthiness of aircraft registered within their jurisdiction. In the case of Australia, CASA, as the national airworthiness authority, has the duty to assess foreign ADs and, if necessary, issue corresponding Australian ADs. This process ensures that Australian aircraft remain airworthy according to international standards.
Failure to comply with ADs may result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with airworthiness directives can lead to civil penalties for individuals and corporations. The specific consequences depend on the nature and severity of the breach, with potential penalties including fines and, in serious cases, imprisonment. The Civil Aviation Safety Regulations 1998 further stipulate that non-compliance with ADs can lead to the grounding of aircraft, which poses significant operational and financial risks to airlines and aviation businesses. It is imperative that all stakeholders adhere to these directives to maintain the highest safety standards in the aviation industry.