AD/F100/86 - Flight Controls - Horizontal Stabiliser Control Unit - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to provide a legislative framework for ensuring the safety and efficiency of civil aviation in Australia. The Act empowers the Governor-General to create regulations aimed at the safety of air navigation, thereby laying the groundwork for subsequent regulations such as the Civil Aviation Safety Regulations 1998. One significant aspect of these regulations is the ability for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. The objective of these ADs is to ensure the continuing airworthiness of aircraft in line with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for airworthiness on the State of Design and the State of Registry. The Civil Aviation Safety Regulations also stipulate that ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. This legislative framework is crucial for CASA, Australia's national airworthiness authority, to mandate and enforce airworthiness requirements derived from international directives.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are pivotal in ensuring the continuing airworthiness of aircraft as stipulated by Annex 8 of the Convention on International Civil Aviation. The State of Design, in this case, EASA acting on behalf of France, has primary responsibility for issuing ADs for the Fokker F100 (F28 Mk 100) series aeroplanes, and CASA must evaluate and, if necessary, issue corresponding Australian ADs. The AD/F100/86, previously issued by CASA, has been superseded by the EASA AD 2009-0216 and subsequently cancelled, with the cancellation effective from 21 October 2009. This legislative action was taken by the Manager, Continuing Airworthiness in CASA’s Airworthiness and Engineering Branch, pursuant to the Civil Aviation Act 1988. Notably, this AD cancellation did not necessitate public consultation or a Regulatory Impact Statement as per the Office of Best Practice Regulation.

Key Provisions

The Civil Aviation Act 1988, in particular section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Pursuant to this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. An AD, as per subregulation 39.001(5), is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and consequently, a legislative instrument according to section 6 of the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry as stipulated in Annex 8 to the Convention on International Civil Aviation. Obligations under the Civil Aviation Safety Regulations 1998 include ensuring that CASA assesses information provided by the State of Design and, if necessary, issues corresponding Australian ADs to mandate the required safety measures. The State of Registry is mandated to develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. For instance, when a State of Design issues an AD against a type of aircraft registered in Australia, CASA must evaluate the directive and, if appropriate, issue an Australian AD to enforce the State of Design's requirements. This process ensures that all aircraft within Australia meet the necessary safety standards. Failure to comply with airworthiness directives can lead to significant consequences. Although specific penalties for non-compliance are not detailed within the provided text, non-compliance generally results in violations of civil aviation safety regulations. Such violations can lead to severe repercussions, including the potential grounding of affected aircraft, which can significantly impact aviation operations and passenger safety. Furthermore, persistent non-compliance could result in legal actions against the aircraft operator or owner, potentially leading to fines or other civil penalties. The overarching aim is to ensure that all parties adhere to the safety standards set forth to maintain the integrity and safety of air navigation.