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-6/6 affecting De Havilland DHC-6 (Twin Otter) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-6/6. 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 legal framework for ensuring the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive regulation of aircraft operations and airworthiness standards. Under this Act, the Governor-General has the authority to create regulations that serve the interests of air navigation safety, with a specific focus on ensuring the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998, made under the Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments that mandate corrective actions to maintain the safety of aircraft. These directives are crucial for implementing international standards set by the Convention on International Civil Aviation, particularly concerning the responsibilities of the State of Design and the State of Registry in maintaining the airworthiness of aircraft types and individual aircraft, respectively. The cancellation of an Australian AD, such as the one affecting De Havilland DHC-6 (Twin Otter) model aeroplanes, underscores CASA’s role in aligning national regulations with international obligations, ensuring the safety of Australian airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are intended to ensure the continuing airworthiness of aircraft and aeronautical products within Australia and are classified as disallowable instruments under the Acts Interpretation Act 1901. The ADs are issued in compliance with Annex 8 to the Convention on International Civil Aviation, which stipulates the State of Design’s responsibility for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA as Australia’s national airworthiness authority, is obligated to assess and, if necessary, implement Australian ADs to enforce the requirements set forth by the State of Design. This legislative framework ensures that safety regulations are consistently applied across Australian airspace, aligning with international standards and obligations. The ADs are subject to assessment and cancellation based on the ongoing safety evaluations conducted by CASA, and such actions do not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Specifically, section 98 of the Act empowers the Governor-General to make regulations in the interests of safety, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, and thus a legislative instrument under the Legislative Instruments Act 2003.
The obligations imposed by these provisions on CASA and other parties include the responsibility to ensure the continuing airworthiness of aircraft. This includes assessing ADs issued by the State of Design and, if necessary, issuing Australian ADs to enforce the requirements of the State of Design. The State of Design has the overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, as Australia's national airworthiness authority, must act on the ADs issued by the State of Design to maintain safety standards.
Failure to comply with an AD may result in a range of civil or criminal consequences. While the specific penalties are not detailed in the provided text, non-compliance with airworthiness directives is generally considered a serious matter and can lead to enforcement actions by CASA, including fines, suspension of airworthiness certificates, or other regulatory sanctions. The Civil Aviation Act 1988 and associated regulations provide the legal basis for CASA to take these actions to ensure compliance with safety standards.
The provided text also notes that certain ADs may be cancelled if the unsafe conditions they address no longer exist. For example, Australian AD/DHC-6/6, which affected De Havilland DHC-6 (Twin Otter) model aeroplanes, was cancelled by CASA on 20 November 2008 because the unsafe condition no longer existed. This cancellation process reflects Australia's adherence to international obligations under the Convention on International Civil Aviation and the State of Design's responsibility for continuing airworthiness.