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/F27/27 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, Future Technology and Regulatory Trends 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 provide for the regulation of civil aviation in Australia, with a strong emphasis on safety. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, and under section 98 of the Act, the Civil Aviation Safety Regulations 1998 were introduced to further detail these provisions. One of the key mechanisms for ensuring airworthiness under these regulations is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives serve as a crucial tool for maintaining the safety and airworthiness of aircraft operating in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Regulations mandate that CASA, as the national airworthiness authority, must issue Australian ADs when necessary to address safety concerns identified by the State of Design.
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, enable CASA to issue ADs to ensure the continuing airworthiness of aircraft and aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. Given the international nature of aviation, ADs are a common form of communication between States of Design and States of Registry to ensure that aircraft meet the required safety standards. In the case of the AD/F27/27, CASA decided to cancel an existing directive affecting Fokker F27 series aeroplanes, effective from 22 October 2009, due to the resolution of the original safety issue. This decision was made under the authority of subsection 84A(2) of the Civil Aviation Act 1988, without the need for public consultation or a Regulatory Impact Statement, as it results in a reduction of the regulatory burden.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes a comprehensive regulatory framework for ensuring the safety of air navigation within Australia. Pursuant to section 98 of the Act, the Governor-General has the authority to make regulations to support the objectives of the Act, with a particular emphasis on the safety of air navigation. Under regulation 39.001, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Notably, subregulation 39.001(5) designates ADs as disallowable instruments under the Acts Interpretation Act 1901, and consequently, they are legislative instruments as defined by the Legislative Instruments Act 2003. This framework ensures that the State of Design, typically the country where the aircraft is designed, has the primary responsibility for the continuing airworthiness of an aircraft type, and must supply any necessary information to the States of Registry to maintain airworthiness. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft within its jurisdiction and must establish or adopt appropriate requirements to this end. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, is required to evaluate this information and, if deemed necessary, issue a corresponding Australian AD to enforce the State of Design’s requirements.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly section 39.001, provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under these provisions, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products, which are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. This regulatory mechanism is integral to ensuring that aircraft maintain their airworthiness, a critical aspect of aviation safety. In the context of international aviation governance, the State of Design, where the aircraft type is designed, has a key responsibility under Annex 8 of the Convention on International Civil Aviation to provide necessary information for continuing airworthiness, which typically includes ADs. Conversely, the State of Registry, where the aircraft is registered, must implement these directives and develop or adopt requirements to ensure ongoing airworthiness.
Entities such as CASA, as Australia’s national airworthiness authority, have specific obligations when dealing with ADs. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the information provided and, if appropriate, issue a corresponding Australian AD to mandate the required safety measures. This obligation ensures that Australian-registered aircraft meet international safety standards and comply with local regulations. For instance, CASA issued AD/F27/27 in 1960 concerning Fokker F27 series aeroplanes. After reviewing the directive, CASA decided to cancel it, effective from 22 October 2009, as the unsafe condition it was addressing no longer existed. Consequently, no replacement AD was required.
Failure to comply with airworthiness directives can result in significant consequences. Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, non-compliance with an AD can lead to both civil and criminal penalties. Civil penalties may include fines and other monetary sanctions, while criminal penalties can result in imprisonment. The specific penalties are determined by the severity of the non-compliance and the impact on aviation safety. In this case, CASA has not required public consultation or a Regulatory Impact Statement for the AD cancellation because it reduces regulatory burden, reflecting the streamlined approach taken to address resolved safety issues. The AD was issued by the Manager, Future Technology and Regulatory Trends, on behalf of CASA, in accordance with subsection 84A(2) of the Act, ensuring that the process adheres to the legal requirements set out in the legislation.