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/DHE/22 affecting De Havilland Gipsy Queen 11 series engines. CASA has assessed this AD and as a result has cancelled Australian AD/DHE/22. The cancellation will become effective on 4 June 2009. 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 provide a comprehensive legal framework for the regulation of civil aviation in Australia. It establishes the Civil Aviation Safety Authority (CASA) as the national airworthiness authority responsible for ensuring the safety of air navigation. One of the Act's key provisions is section 98, which empowers the Governor-General to make regulations in the interests of aviation safety. This includes the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments subject to disallowance and are intended to address issues related to the continuing airworthiness of aircraft and aeronautical products. The objective of the Act, as reflected in the issuance and cancellation of ADs, is to align Australian regulations with international standards and ensure the safety of civil aviation in accordance with Australia's obligations under the Convention on International Civil Aviation.
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) for specific types of aircraft or aeronautical products, thereby ensuring compliance with airworthiness standards and maintaining safety in air navigation. These regulations apply to all aircraft registered in Australia, irrespective of whether they are domestically or internationally operated, and extend to the entities responsible for the maintenance and operation of these aircraft. The geographic reach of these regulations is national, aligning with Australia’s commitments under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design and the State of Registry collaborate to ensure an aircraft’s continuing airworthiness. The ADs issued under these regulations are legislative instruments, subject to disallowance as per the Acts Interpretation Act 1901. The scope of these directives includes the assessment and potential cancellation of ADs, such as the Australian AD/DHE/22 concerning De Havilland Gipsy Queen 11 series engines, which was cancelled due to the resolution of the unsafe condition it was designed to address. The issuance and cancellation of such ADs are conducted by CASA without public consultation, as they do not necessitate a Regulatory Impact Statement according to the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further elaborates that the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) indicates that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and consequently, an AD is a legislative instrument as defined by section 6 of the Legislative Instruments Act 2003.
The obligations under the Act and the associated regulations mandate that the State of Design, which is the country where the aircraft is designed, must provide necessary information to ensure the continuing airworthiness of the aircraft type to appropriate States of Registry. In Australia, CASA, as the national airworthiness authority, is responsible for assessing information from the State of Design and, if necessary, issuing Australian ADs that enforce the design state’s requirements. The State of Registry, where the individual aircraft is registered, must also develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction.
Failure to comply with the airworthiness directives can lead to serious safety implications. Under the Civil Aviation Act 1988, CASA has the authority to issue directives that mandate specific actions or maintenance requirements to address identified safety issues. Non-compliance with these directives can result in the grounding of aircraft, which can have significant operational and financial repercussions for airlines and other operators. Moreover, in severe cases, regulatory enforcement actions may be taken against non-compliant entities, which could include fines or other legal penalties as outlined in the Civil Aviation Act 1988. CASA has the power to impose penalties for breaches of the regulations, and the specifics of these penalties are determined in accordance with the applicable legislative provisions.