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.
CASA issued AD/DHC-8/13 affecting Bombardier (Boeing Canada/de Havilland) DHC-8 series aeroplanes in 1990. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 19 November 2009. No replacement AD is required, as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 is foundational legislation enacted to establish a comprehensive framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, further detail the regulatory mechanisms necessary to uphold these objectives. Among these mechanisms, airworthiness directives (ADs) play a critical role. The Act empowers the Governor-General to create regulations in the interests of air navigation safety, and the Civil Aviation Safety Regulations 1998 specifically allow the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. This regulatory approach aligns with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of aircraft types. CASA, as Australia’s national airworthiness authority, is tasked with ensuring that Australian registered aircraft meet these international standards by assessing and, if necessary, issuing Australian ADs. The process of issuing and cancelling such directives, such as the recent cancellation of AD/DHC-8/13 for Bombardier (Boeing Canada/de Havilland) DHC-8 series aeroplanes, underscores CASA's commitment to maintaining high safety standards while reducing unnecessary regulatory burdens.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to specific kinds of aircraft or aeronautical products. These directives are legislative instruments that serve to maintain the safety and airworthiness of aircraft registered in Australia. The scope of these directives extends to all aircraft and aeronautical products that are registered in Australia, thereby applying to both individual aircraft operators and manufacturers who design and produce aircraft or aeronautical products. The geographic reach of this legislation is national, as CASA, as the national airworthiness authority, must ensure compliance with airworthiness standards across all aircraft registered within Australia. Furthermore, the State of Design holds responsibility for ensuring the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry, which in turn must adopt or develop requirements to maintain airworthiness. Notably, the issuance of these directives is governed by international standards under Annex 8 to the Convention on International Civil Aviation, ensuring consistency and safety standards are met globally. The Act allows for the cancellation of ADs if the unsafe conditions they were designed to address no longer exist, as demonstrated by the cancellation of AD/DHC-8/13 for Bombardier (Boeing Canada/de Havilland) DHC-8 series aeroplanes.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to make regulations for air navigation safety, including issuing airworthiness directives (ADs) (section 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides that the Civil Aviation Safety Authority (CASA) may issue ADs for kinds of aircraft or aeronautical products, which are considered legislative instruments under the Acts Interpretation Act 1901 (section 46A) and the Legislative Instruments Act 2003. ADs are a standard form of continuing airworthiness information, issued by most International Civil Aviation Organization (ICAO) Contracting States.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, the State of Design has a responsibility to ensure the continuing airworthiness of aircraft types, while the State of Registry is responsible for the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and issue Australian ADs as necessary. For instance, CASA issued AD/DHC-8/13 in 1990 for Bombardier (Boeing Canada/de Havilland) DHC-8 series aeroplanes, which has now been cancelled due to the original unsafe condition no longer existing.
The obligations imposed by these provisions require CASA to issue ADs when necessary to ensure the safety of aircraft. CASA must assess the information provided by the State of Design and decide whether to issue an Australian AD. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft and comply with any ADs issued by CASA. Failure to comply with ADs can result in serious safety risks and potential legal consequences.
Under the Civil Aviation Act 1988, breaches of ADs may lead to enforcement actions by CASA, including fines and prosecution. The maximum penalty for contravening an AD is generally aligned with the penalties for non-compliance with other regulations under the Act, which can include substantial fines and imprisonment. These penalties serve to enforce the safety requirements set out in the ADs and ensure compliance with the continuing airworthiness of aircraft.