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/8 affecting all model PD136/212/1, PD170/212/1 and PD 175/212/1 propellers fitted to De Havilland DH-114 (Herron) aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/PDH/8. 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 was enacted to provide a comprehensive legislative framework governing civil aviation in Australia, addressing gaps in aviation safety, regulation, and the management of air navigation within the country. The Act empowers the Governor-General to make regulations for the purposes of the Act, particularly focusing on ensuring the safety of air navigation. Complementing the Civil Aviation Act, the Civil Aviation Safety Regulations 1998 outline the processes and responsibilities associated with airworthiness, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing safety of aircraft and aeronautical products. These ADs are legislative instruments subject to disallowance and are essential tools for adhering to international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must provide necessary information to ensure the continuing airworthiness of aircraft types.
Scope and Application
The Civil Aviation Act 1988, as augmented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the regulation of airworthiness directives (ADs) in Australia. Specifically, section 98 of the Act empowers the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These ADs, being disallowable instruments under the Acts Interpretation Act 1901, are legislative instruments governed by the Legislative Instruments Act 2003. ADs are essential for ensuring the continuing airworthiness of aircraft and are issued by most International Civil Aviation Organization (ICAO) Contracting States, including Australia. The State of Design is responsible for the overall airworthiness of an aircraft type, and the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA must assess and, if appropriate, issue an Australian AD to enforce the requirements. In the case of AD/PDH/8 affecting certain propellers on De Havilland DH-114 (Herron) aircraft, CASA has assessed and subsequently cancelled the AD, effective 9 April 2009, as the unsafe condition no longer exists, obviating the need for a replacement AD.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance and management of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. It is important to note that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and consequently, it is a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The ADs are a fundamental aspect of ensuring the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must furnish necessary information to ensure airworthiness to the States of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to ensure this. When a State of Design issues an AD, CASA must assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. For instance, CASA issued AD/PDH/8 affecting certain propellers on De Havilland DH-114 aircraft, but has since cancelled this AD due to the resolution of the unsafe condition.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to carefully assess any ADs issued by States of Design and to take appropriate action to ensure the continuing airworthiness of aircraft on the Australian Register. This includes the responsibility to issue Australian ADs when necessary and to cancel ADs when the unsafe conditions they address are resolved. Furthermore, these provisions ensure that CASA, as Australia's national airworthiness authority, adheres to its obligations under the Convention on International Civil Aviation.
Breaches of the requirements under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to significant consequences. The Civil Aviation Act 1988 provides for various offences, which may result in both civil and criminal penalties. For instance, non-compliance with an AD can lead to severe penalties, including fines and imprisonment. The exact penalties can vary depending on the nature and severity of the breach, but they are designed to ensure the highest standards of safety in air navigation. Additionally, the cancellation of an AD without proper assessment or consultation, where required, may also result in regulatory and legal repercussions.