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/F27/104, Amendment 1, affecting Fokker F27 series aeroplanes in 1982. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 22 October 2009. No replacement AD is required, as the original unsafe condition no longer exists.
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, Initial Airworthiness, Airworthiness and Engineering Branch of the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to establish a legal framework for civil aviation in Australia, includes provisions for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products. The Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interest of air navigation safety, thereby delegating such responsibilities to CASA. The objective of these ADs is to maintain the continuing airworthiness of aircraft, ensuring they meet safety standards as per international conventions such as Annex 8 to the Convention on International Civil Aviation. CASA's role is pivotal in assessing and, if necessary, issuing Australian ADs to align with directives from the State of Design, thereby fulfilling Australia's obligations under international agreements.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to issue regulations in the interest of air navigation safety. Regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, which are legislative instruments, serve as crucial tools in maintaining the continuing airworthiness of aircraft and aeronautical products, ensuring safety standards are met. The ADs are mandated by the State of Registry and must align with the provisions of Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for ensuring the airworthiness of an aircraft type. The regulatory process involves CASA assessing information from the State of Design and issuing corresponding ADs as necessary. The issuance and cancellation of ADs, such as AD/F27/104, Amendment 1, which affects Fokker F27 series aeroplanes, are subject to rigorous evaluation to ensure the safety and compliance of aircraft within Australian jurisdiction.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for issuing airworthiness directives (ADs) in Australia, as mandated by section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. Specifically, section 39.001(5) states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is therefore considered a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. These directives are integral to maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation, which places the responsibility on the State of Design to provide necessary information to ensure airworthiness, and on the State of Registry to implement these requirements.
The obligations under these regulations include the State of Design's duty to issue continuing airworthiness information, such as ADs, to the States of Registry. In Australia, the Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority and is required to assess information from the State of Design and, if necessary, issue an Australian AD. For example, CASA issued AD/F27/104, Amendment 1, in 1982, affecting Fokker F27 series aeroplanes. Following a review, CASA decided to cancel this AD, which will become effective on 22 October 2009, as the original unsafe condition no longer exists. This cancellation does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, because it results in a reduction of the regulatory burden.
Any breaches of the requirements set forth in the ADs can lead to serious consequences. The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 stipulate that failure to comply with an AD can result in civil or criminal penalties. The exact penalties can vary, but generally include fines and potential imprisonment for serious violations. These provisions ensure that all parties, including aircraft operators and manufacturers, adhere to the safety standards necessary to maintain the continuing airworthiness of aircraft, thereby protecting public safety and maintaining the integrity of the aviation system.