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/F27/106 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 was enacted to regulate civil aviation in Australia and ensure the safety of air navigation. This Act empowers the Governor-General to make regulations, including those for airworthiness, to safeguard the public and maintain air safety. The Civil Aviation Safety Regulations 1998 further detail the requirements for maintaining the airworthiness of aircraft and aeronautical products, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). The ADs serve as a crucial means of continuing airworthiness information as per Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is responsible for assessing and, if necessary, issuing ADs based on the information provided by the State of Design. The AD cancellation for Fokker F27 series aeroplanes, as issued by CASA, is a regulatory action aimed at reducing the regulatory burden and ensuring the safe operation of aircraft in Australia. This action is taken in accordance with the legislative framework established under the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the regulation of civil aviation safety in Australia. Specifically, under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the power to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are legislative instruments, as provided in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 and section 6 of the Legislative Instruments Act 2003. The ADs serve to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international standards as set out in Annex 8 to the Convention on International Civil Aviation. The ADs are issued by CASA to address specific safety concerns and are mandatory for compliance by the relevant aircraft operators. The issuance, amendment, or cancellation of an AD, such as AD/F27/106 affecting Fokker F27 series aeroplanes, is conducted by CASA in accordance with the relevant provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 contain provisions that enable the issuance of airworthiness directives (ADs). According to section 98 of the Act, the Governor-General can make regulations to ensure the safety of air navigation. Regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) states that ADs are considered disallowable instruments, and thus, legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations on CASA and other parties are significant. The State of Design, which is the country where the aircraft type is designed, has the primary responsibility for the continuing airworthiness of that aircraft type under Annex 8 to the Convention on International Civil Aviation. This includes providing any necessary information to ensure the continuing airworthiness of the aircraft type to the appropriate States of Registry. The State of Registry, in this case, Australia, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design.
Failure to comply with ADs can lead to serious consequences. The Act and Regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance with ADs. However, non-compliance can potentially result in severe civil or criminal penalties, including fines and imprisonment, depending on the nature and severity of the breach. The safety and regulatory framework provided by the ADs aims to prevent such incidents by ensuring that aircraft and aeronautical products meet the necessary safety standards. The cancellation of AD/F27/106, which affected Fokker F27 series aeroplanes, demonstrates that CASA can revoke an AD when the original unsafe condition no longer exists, reducing the regulatory burden without necessitating public consultation or a Regulatory Impact Statement.