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/F27/26 affecting Fokker F27 series aeroplanes in 1960. 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 by the Parliament of Australia, is a comprehensive piece of legislation designed to regulate civil aviation within Australia, with a primary focus on ensuring the safety of air navigation. This Act provides the authority for the Civil Aviation Safety Authority (CASA) to issue regulations that govern the operation and maintenance of aircraft, including the issuance of airworthiness directives. These directives are critical for maintaining the safety and airworthiness of aircraft, ensuring compliance with international standards, and reducing the regulatory burden on operators and stakeholders. CASA, acting under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, has the responsibility to monitor and enforce these standards to protect the public and enhance the safety of aviation in Australia.
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, thereby ensuring the safety of air navigation as mandated by the Civil Aviation Act 1988. An AD is a legislative instrument, subject to disallowance under the Acts Interpretation Act 1901, and its issuance must comply with the Legislative Instruments Act 2003. The scope of these ADs is international, aligning with Annex 8 of the Convention on International Civil Aviation, where the State of Design has the responsibility for the continuing airworthiness of aircraft types, and the State of Registry must ensure that aircraft are maintained in a safe condition. In Australia, CASA, as the national airworthiness authority, is tasked with assessing and, if necessary, issuing ADs based on the directives from the State of Design. The cancellation of AD/F27/26 for Fokker F27 series aeroplanes, effective 22 October 2009, exemplifies CASA’s role in managing airworthiness directives, reflecting the resolution of previous safety concerns without necessitating a new AD.
Key Provisions
The key operative sections of the Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establish the framework for issuing airworthiness directives (ADs) (sections 98 and 39.001). Under these provisions, the Governor-General and the Civil Aviation Safety Authority (CASA) have the authority to issue ADs aimed at ensuring the safety of air navigation. The ADs are legislative instruments that must comply with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Furthermore, the responsibilities of the State of Design and the State of Registry are outlined in Annex 8 to the Convention on International Civil Aviation, which emphasises the importance of continuing airworthiness of aircraft.
The obligations imposed by this legislation on the relevant parties are substantial. The State of Design is tasked with the overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the appropriate States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to mandate the necessary requirements. These obligations ensure that safety standards are uniformly applied and maintained across all jurisdictions.
The legislation also outlines potential consequences for breaches of the ADs. While the text does not explicitly detail offences or penalties, the overarching framework of the Civil Aviation Act 1988 suggests that non-compliance with ADs could lead to significant civil or criminal liabilities. The severity of these consequences would depend on the nature and impact of the non-compliance, but they could include fines, imprisonment, or other punitive measures. It is essential for operators and manufacturers to adhere to the issued ADs to avoid any legal repercussions.
In the specific case of the cancellation of AD/F27/26, the text indicates that no public consultation was necessary as the cancellation reduces the regulatory burden. The Office of Best Practice Regulation has also determined that ADs do not require a Regulatory Impact Statement, streamlining the process further. The AD was issued by the Manager, Initial Airworthiness, Airworthiness and Engineering Branch of CASA, in accordance with the statutory requirements of the Civil Aviation Act 1988. This cancellation reflects CASA’s commitment to maintaining current and relevant safety regulations while reducing unnecessary administrative burdens.