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/F27/21 affecting Fokker F27 series aeroplanes in 1971. 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 and to ensure the safety of air navigation. Under this Act, the Governor-General has the authority to create regulations that serve the interests of air navigation safety. One such regulation, regulation 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are designed to maintain the continuing airworthiness of aircraft and are a legislative instrument under the Legislative Instruments Act 2003. In line with international standards set by Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the overall airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure the continuing airworthiness of individual aircraft. This framework ensures that any necessary safety measures are communicated and implemented effectively across relevant jurisdictions.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are designed to address safety issues and ensure the continuing airworthiness of aircraft. According to the Civil Aviation Act 1988, the Governor-General may make regulations to uphold air navigation safety, and under the Legislative Instruments Act 2003, an AD is considered a legislative instrument. The ADs are crucial in maintaining the airworthiness of aircraft types registered in Australia, aligning with international standards set forth by the International Civil Aviation Organization (ICAO). CASA, as the national airworthiness authority, must evaluate and, if necessary, issue Australian ADs in response to directives from the State of Design. In this instance, CASA has decided to cancel AD/F27/21 concerning Fokker F27 series aeroplanes, effective from 22 October 2009, due to the elimination of the original safety concern, thus reducing the regulatory burden without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legislative framework within which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the purposes of the Act, particularly to ensure the safety of air navigation. This is further elaborated by regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows CASA to issue ADs for specific types of aircraft or aeronautical products. These ADs are intended to ensure that aircraft continue to meet the airworthiness standards required for safe operation.
These ADs serve as crucial tools in maintaining the continuing airworthiness of aircraft types. The State of Design, which is responsible for the initial design of the aircraft, has an obligation under Annex 8 to the Convention on International Civil Aviation to provide necessary information to ensure the continuing airworthiness of the aircraft type. Similarly, the State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to maintain the airworthiness of that aircraft. When the State of Design issues an AD, CASA must assess the information and, if deemed necessary, issue an Australian AD to mandate the required actions.
In terms of obligations, CASA must ensure that the information provided by the State of Design is assessed and that any necessary ADs are issued to maintain the airworthiness of aircraft on the Australian Register. Additionally, the State of Registry must comply with the ADs issued by CASA to ensure the safety of aircraft registered within its jurisdiction. Failure to comply with these ADs can result in serious safety implications and potential legal consequences.
There are specific consequences for breaching the requirements set out in the ADs. Although the Civil Aviation Safety Regulations 1998 do not specify particular offences or penalties within the text, non-compliance with an AD can result in significant civil or criminal penalties under other provisions of the Civil Aviation Act 1988. This includes potential fines and imprisonment for serious violations that compromise air safety. The maximum penalties for such breaches can be severe, reflecting the critical importance of adhering to airworthiness directives to maintain safety standards in aviation.