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/9 affecting all De Havilland Gipsy Queen 70 series engines. CASA has assessed this AD and as a result has cancelled Australian AD/DHE/9. 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, enacted by the Parliament of Australia, was introduced to establish a comprehensive legal framework for civil aviation within the country, ensuring safety and efficiency in air navigation. This legislation allows for the creation of regulations that serve the interests of air navigation safety, as seen in the delegation of authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. The ADs are considered legislative instruments, as stipulated in the Legislative Instruments Act 2003. In accordance with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design retains responsibility for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry, which includes Australia. CASA, acting on behalf of Australia, has the duty to issue corresponding ADs when required, ensuring compliance with international standards and the safe operation of aircraft within Australian airspace. The legislative process for the issuance and cancellation of these directives is designed to reflect Australia's commitment to international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products, aligning with the safety requirements set forth in the Convention on International Civil Aviation. These ADs serve as legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The ADs are designed to ensure the continuing airworthiness of aircraft, a responsibility that falls to the State of Registry for individual aircraft and the State of Design for the aircraft type. When an AD is issued by the State of Design, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements. The AD/DHE/9 concerning De Havilland Gipsy Queen 70 series engines was cancelled by CASA as the unsafe condition it was addressing no longer exists, without the need for public consultation or a Regulatory Impact Statement. This cancellation reflects Australia's adherence to international obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 lay down the framework for the issue and implementation of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations that contribute to the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for particular kinds of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument as defined by section 46A of the Acts Interpretation Act 1901, thereby making it a legislative instrument under section 6 of the Legislative Instruments Act 2003.
In terms of obligations, the Act and Regulations impose several responsibilities on the parties involved. The State of Design, which is the country where the aircraft type is designed, has the overarching responsibility for ensuring the continuing airworthiness of that type. This includes providing necessary information to the States of Registry, which are the countries where individual aircraft are registered. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft. In Australia, CASA acts as the national airworthiness authority. When the State of Design issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements.
The legislation also outlines the consequences for non-compliance with airworthiness directives. While specific penalties are not detailed in the text, it can be inferred that failure to comply with ADs could result in significant safety risks, and potentially lead to civil or criminal penalties. The text notes that the AD in question, AD/DHE/9, affecting De Havilland Gipsy Queen 70 series engines, has been cancelled by CASA as the unsafe condition it was meant to address no longer exists. This cancellation was made without public consultation due to Australia’s obligations under the Convention on International Civil Aviation, and it was determined that a Regulatory Impact Statement was not necessary.
In summary, the main provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 facilitate the issuance and enforcement of airworthiness directives to ensure the safety and airworthiness of aircraft. These regulations impose clear obligations on both the State of Design and the State of Registry, with CASA playing a critical role in implementing and enforcing these directives in Australia. The cancellation of AD/DHE/9 demonstrates the practical application of these provisions, underscoring the importance of adhering to airworthiness requirements to ensure safety in aviation.