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/PDH/5 Amendment 3 affecting all model PD136/212/1, PD170/212/1 and PD175/212/1 propellers fitted to De Havilland DH 114 (Herron) aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/PDH/5 Amendment 3. The cancellation will become effective on 9 April 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 to govern the safety and efficiency of civil aviation in Australia, provides the authority for the issuance of airworthiness directives (ADs) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. This legislation enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products to ensure the safety of air navigation. In line with Annex 8 of the Convention on International Civil Aviation, which mandates the State of Design to maintain the continuing airworthiness of aircraft types and provide necessary information to States of Registry, CASA is responsible for assessing and issuing ADs based on international directives. The Act allows for the cancellation of ADs when the unsafe conditions they address no longer exist, as exemplified by the cancellation of AD/PDH/5 Amendment 3 for certain De Havilland DH 114 propellers, effective 9 April 2009, without the need for public consultation or a Regulatory Impact Statement. This action is carried out by CASA in accordance with the Act’s provisions, ensuring compliance with both domestic and international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988 applies to entities and individuals involved in civil aviation within Australia and provides the legislative framework for the regulation of air navigation and aircraft safety. Under this Act, the Civil Aviation Safety Regulations 1998 have been established to govern various aspects of civil aviation, including the issuance of airworthiness directives (ADs). ADs are legislative instruments made under regulation 39.001 of the Civil Aviation Safety Regulations 1998, and they mandate specific safety requirements for aircraft types registered in Australia. The Civil Aviation Safety Authority (CASA) is responsible for issuing these directives to ensure compliance with safety standards and continuing airworthiness, as outlined under Annex 8 to the Convention on International Civil Aviation. The application of ADs extends to all aircraft and aeronautical products within the Australian Register, encompassing model PD136/212/1, PD170/212/1, and PD175/212/1 propellers fitted to De Havilland DH 114 (Herron) aircraft. Given the nature of ADs as legislative instruments, they are subject to disallowance and require cancellation when the unsafe conditions they address no longer exist, as evidenced by the cancellation of Australian AD/PDH/5 Amendment 3 effective from 9 April 2009. The process of issuing and cancelling ADs is managed by CASA, in accordance with the statutory provisions, and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations in the interests of air navigation safety. The Civil Aviation Safety Regulations 1998 (regulation 39.001) further permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. According to subregulation 39.001(5), ADs are disallowable instruments as per section 46A of the Acts Interpretation Act 1901. Annex 8 of the Convention on International Civil Aviation assigns the State of Design the primary responsibility for the continuing airworthiness of an aircraft type, including the obligation to provide necessary information to relevant States of Registry. These directives are the most prevalent form of continuing airworthiness information globally.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties governed include ensuring compliance with ADs issued by CASA. Specifically, when a State of Design issues an AD for an aircraft type registered in Australia, CASA must review the information and, if deemed necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. For instance, CASA issued AD/PDH/5 Amendment 3 affecting De Havilland DH 114 (Herron) aircraft propellers, which was subsequently cancelled on 9 April 2009 due to the resolution of the unsafe condition. The cancellation aligns with Australia's commitments under the Convention on International Civil Aviation and did not necessitate public consultation or a Regulatory Impact Statement.
In terms of compliance and enforcement, CASA has the authority to mandate specific actions to ensure the continuing airworthiness of aircraft registered in Australia. This includes the issuance and cancellation of ADs as necessary. For example, the cancellation of AD/PDH/5 Amendment 3 was made by the Manager, Systems and New Technologies, within the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. Failure to comply with these directives could result in civil or criminal penalties, although specific penalties are not outlined in the provided text. The regulatory framework ensures that all stakeholders adhere to the safety standards necessary to maintain the airworthiness of aircraft operating within Australian jurisdiction.