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/25 affecting De Havilland Gipsy Six 1 and 1A, and Gipsy Six 11 series engines. CASA has assessed this AD and as a result has cancelled Australian AD/DHE/25. 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 establish a comprehensive legal framework governing civil aviation in Australia, ensuring the safety, efficiency, and orderly development of aviation. This Act allows the Governor-General to make regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments that mandate compliance with safety requirements for specific types of aircraft or aeronautical products. The Civil Aviation Act 1988 thus addresses the need for a robust regulatory system to manage the continuing airworthiness of aircraft in line with international standards set by the Convention on International Civil Aviation. CASA, as the national airworthiness authority, ensures that Australian aircraft meet these standards by assessing and issuing appropriate directives when necessary.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which is Australia's national airworthiness authority. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs for kinds of aircraft or aeronautical products, which are deemed to be legislative instruments under section 46A of the Acts Interpretation Act 1901. This regulatory mechanism is integral to ensuring the safety of air navigation and aligns with the obligations of Australia under Annex 8 to the Convention on International Civil Aviation. ADs are essential tools for maintaining the continuing airworthiness of aircraft, a responsibility that is shared between the State of Design and the State of Registry. CASA’s role is to assess ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs. The issuance, amendment, or cancellation of such directives is governed by these regulations and is subject to the oversight and approval processes outlined within them.
Key Provisions
The Civil Aviation Act 1988 provides the framework within which the Civil Aviation Safety Regulations 1998 operate, specifically concerning airworthiness directives (ADs) under section 98 (1). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products, with the intent of maintaining and ensuring the safety of air navigation. This regulation also acknowledges that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus making it a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations are significant for both the State of Design and the State of Registry of an aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for ensuring the continuing airworthiness of a particular aircraft type, including providing necessary information to the State of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure that individual aircraft remain airworthy. For Australian-registered aircraft, CASA, as the national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the safety requirements.
In terms of compliance, the Act and Regulations mandate that all relevant parties adhere to the ADs issued. Failure to comply with an AD can lead to serious consequences, including the potential grounding of an aircraft if it does not meet the specified safety standards. The specific legal ramifications for non-compliance may include administrative penalties, fines, or more severe civil and criminal penalties, depending on the severity of the breach and the impact on safety.
In this particular instance, CASA issued and subsequently cancelled the AD/DHE/25 concerning De Havilland Gipsy Six 1 and 1A, and Gipsy Six 11 series engines. This cancellation was due to the unsafe condition no longer existing and is in line with Australia's obligations under the Convention on International Civil Aviation. Given that this cancellation aligns with international obligations, no public consultation was required, and it was determined that a Regulatory Impact Statement was not necessary. The AD was formally 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. This process ensures that all actions taken are in the best interest of safety and compliance with international standards.