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.
Transport Canada issued AD CF-2005-38 affecting Bombardier DHC-8 aeroplanes. Canada is the State of Design for these aeroplanes. CASA had previously issued AD/DHC-8/104 and subsequently issued AD/DHC-8/105 which both dealt with the same unsafe condition. AD/DHC-8/105 was issued in error. As a result AD/DHC-8/105 will be cancelled. The cancellation will become effective on 19 January 2006. AD/DHC-8/104 which is in force at this time will remain in force until further notice.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to address safety concerns related to aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 further specify the process for issuing ADs, which are legislative instruments and serve as a primary means of ensuring the continuing airworthiness of aircraft types. The cancellation of AD/DHC-8/105, as mentioned in the explanatory statement, is a response to Australia’s international obligations under the Convention on International Civil Aviation, specifically to align with directives issued by the State of Design, Canada, for Bombardier DHC-8 aeroplanes. The cancellation was enacted without public consultation due to its alignment with international obligations and was determined not to require a Regulatory Impact Statement. This action underscores CASA’s role in maintaining the safety and airworthiness standards of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, as amended and regulated through the Civil Aviation Safety Regulations 1998, applies to all aircraft, aeronautical products, and related activities within Australia, ensuring adherence to safety standards established under both national and international frameworks. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products, which are legislative instruments that mandate compliance with safety requirements. These directives are essential for maintaining the continuing airworthiness of aircraft and are issued in line with international obligations, such as those under Annex 8 to the Convention on International Civil Aviation. The State of Design, responsible for the initial airworthiness of an aircraft type, must provide necessary information to the State of Registry, which in Australia is CASA. This legislative framework ensures that all stakeholders, including aircraft operators and manufacturers, are bound by the safety standards set forth in these regulations, which are designed to protect public safety in air navigation. The scope of the ADs is broad, encompassing any necessary actions to address safety issues identified within the aircraft industry, and they apply to all entities and individuals involved in the operation and maintenance of aircraft registered in Australia.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to establish regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific aircraft types or aeronautical products. Subregulation 39.001(5) specifies that ADs are disallowable instruments, thereby classifying them as legislative instruments under section 6 of the Legislative Instruments Act 2003. This regulatory framework is underpinned by Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design—Canada, in this case—bears the overall responsibility for the continuing airworthiness of the aircraft type, and must provide necessary information to the States of Registry to ensure the safety of aircraft registered within their jurisdiction.
The obligations imposed by this legislative framework are multifaceted. The State of Design, in this context Canada, is responsible for issuing ADs that address safety concerns, and must ensure that the necessary information is shared with States of Registry to maintain airworthiness. The State of Registry, here Australia, must develop or adopt requirements to maintain the airworthiness of individual aircraft. When Canada issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements set by Canada. This obligation ensures that the safety standards set by the State of Design are effectively implemented within Australia’s jurisdiction.
Breaching the requirements of an AD can have significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, subject to penalties prescribed by the Act. The penalties for contravening ADs can include substantial fines and, in severe cases, imprisonment. The exact penalties are detailed within the Civil Aviation Act 1988, but they underscore the importance of adhering to these safety directives. Furthermore, non-compliance can lead to civil liability, where affected parties can seek compensation for damages resulting from the breach. These provisions ensure that safety standards are rigorously enforced and maintained within the aviation industry.