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-8/5 Amendment 1, affecting Bombardier (Boeing Canada/ de Havilland) DHC-8 series aeroplanes in 1983. 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 was enacted to regulate civil aviation in Australia, ensuring safety and efficiency in the aviation industry. The Act provides a framework for the establishment and operation of the Civil Aviation Safety Authority (CASA) and empowers the Governor-General to make regulations necessary for the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which allow CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring that aircraft meet the required safety standards. The ADs are legislative instruments subject to disallowance and review. The objective of these regulations is to align with international standards, particularly those set by the International Civil Aviation Organization (ICAO), to maintain the safety and airworthiness of aircraft in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products to ensure the safety of air navigation. These directives are legislative instruments, as per the Legislative Instruments Act 2003, and are essential for the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, such as CASA in Australia, is tasked with ensuring these aircraft meet continuing airworthiness standards. CASA issued an AD for Bombardier (Boeing Canada/de Havilland) DHC-8 series aeroplanes in 1983, but after review, has decided to cancel it, effective 19 November 2009, due to the original unsafe condition no longer existing, thereby reducing regulatory burden. This cancellation was made by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 provides the legal framework for the regulation of civil aviation in Australia, and under section 98, it allows for the creation of regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as a mechanism for maintaining and ensuring the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. As a legislative instrument, an AD is subject to disallowance under section 46A of the Acts Interpretation Act 1901 and is regulated by the Legislative Instruments Act 2003.
Obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include the responsibility of the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type. Correspondingly, the State of Registry must develop or adopt requirements to maintain the airworthiness of individual aircraft. For Australian-registered aircraft, CASA is tasked with assessing information from the State of Design and, where necessary, issuing an Australian AD to enforce the requirements of the State of Design. This regulatory process is integral to maintaining safety standards in Australian civil aviation.
The Act and the associated regulations impose penalties for non-compliance with ADs. Failure to adhere to the requirements set out in an AD can lead to serious safety breaches, potentially resulting in accidents or incidents. While the specific penalties for non-compliance are not detailed in the provided text, it is generally understood that such breaches can attract both civil and criminal sanctions, with the severity of the penalties reflecting the potential risk to public safety. The text does not provide explicit maximum penalties but indicates that CASA, as the national airworthiness authority, has the power to enforce compliance through regulatory action.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a comprehensive framework for issuing ADs to ensure the continuing airworthiness of aircraft. CASA's role in assessing and enforcing these directives is crucial for maintaining safety standards in Australian civil aviation. The cancellation of an AD, such as AD/DHC-8/5 Amendment 1, is a measure taken when the original safety concern no longer exists, and such actions are made in accordance with the legislative requirements. Non-compliance with ADs can lead to significant regulatory, civil, and criminal consequences, underscoring the importance of adhering to these safety mandates.