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/DO-27/9 affecting Dornier DO-27 model aircraft in 1972. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a regulatory framework for civil aviation in Australia, focusing on safety and efficiency. Under this Act, the Civil Aviation Safety Regulations 1998 were made to provide detailed rules and standards for aviation safety. One such regulation, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The objective of these regulations is to ensure the continuing airworthiness of aircraft and to comply with international standards set by the International Civil Aviation Organization (ICAO). The issuance of ADs by CASA is in response to identified safety issues and is intended to maintain high safety standards in the Australian aviation industry.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legal framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). These ADs are issued to ensure the safety and airworthiness of aircraft registered in Australia. As per section 98 of the Act and regulation 39.001, CASA can mandate specific maintenance, operational, or inspection requirements for certain types of aircraft or aeronautical products to address identified safety issues. The ADs are legislative instruments under the Legislative Instruments Act 2003 and aim to align with international standards set forth by the Convention on International Civil Aviation. The State of Design, typically the manufacturer, has the primary responsibility for ensuring the continuing airworthiness of an aircraft type, and CASA, as the national airworthiness authority, must implement these directives where necessary. For instance, CASA issued and subsequently decided to cancel AD/DO-27/9 for Dornier DO-27 model aircraft, reflecting a reduction in regulatory burden without the need for a replacement directive. This action was taken without public consultation as it simplifies existing regulations, and no Regulatory Impact Statement was deemed necessary. The application of these regulations is specifically tailored to the aviation industry, focusing on entities and individuals involved in the design, maintenance, and operation of aircraft within Australia.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. In line with this, the Civil Aviation Safety Regulations 1998 (regulation 39.001) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are detailed instructions that mandate compliance with certain safety standards or address safety concerns identified in particular aircraft types or aeronautical products. Notably, under subregulation 39.001(5), these ADs are classified as disallowable instruments according to section 46A of the Acts Interpretation Act 1901, making them legislative instruments subject to scrutiny and oversight.
In compliance with Annex 8 of the Convention on International Civil Aviation, the State of Design holds the overarching responsibility for the ongoing airworthiness of an aircraft type. This includes providing necessary information to ensure that the aircraft continues to meet airworthiness standards. Meanwhile, the State of Registry—typically the country where the aircraft is registered—must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. In Australia, CASA assumes this role as the national airworthiness authority. When a State of Design issues an AD for an aircraft type on the Australian Register, CASA must review this information and, if appropriate, issue an Australian AD to enforce the required safety measures.
CASA has issued AD/DO-27/9 for the Dornier DO-27 model aircraft since 1972. However, following a review, CASA has decided to cancel this directive, effective 17 January 2008. This decision was made because the original safety issue addressed by AD/DO-27/9 has already been covered by AD/GENERAL/74 Amendment 1, thereby rendering the older directive redundant. Given that the cancellation of this AD results in a reduction of the regulatory burden, CASA did not consult the Australian public on this matter. Additionally, the Office of Best Practice Regulation has determined that ADs, such as this one, do not require a Regulatory Impact Statement.
The AD cancellation was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. Failure to comply with ADs can lead to significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with airworthiness directives can result in civil penalties, including fines and potential criminal charges. The severity of these penalties depends on the nature and extent of the non-compliance, but they can include substantial financial penalties and, in cases of gross negligence or willful disregard of safety regulations, imprisonment. Ensuring adherence to ADs is crucial for maintaining the safety and airworthiness of aircraft operating within Australia.