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/F27/31 affecting Fokker F27 series aeroplanes in 1961. 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 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 a comprehensive legal framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. This Act empowers the Governor-General to make regulations, including the Civil Aviation Safety Regulations 1998, which were introduced to ensure the safety of air navigation. One such regulation, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products, thereby addressing the need to maintain and enhance the safety of aircraft through continuous airworthiness measures. The ADs are legislative instruments that CASA issues to mandate the requirements of the State of Design or to ensure the continuing airworthiness of aircraft registered in Australia, in alignment with international standards set by the International Civil Aviation Organization (ICAO). The AD cancellation, such as AD/F27/31 for Fokker F27 series aeroplanes, is made under the authority of the Act to reduce regulatory burden without impacting safety, reflecting CASA's commitment to effective and efficient aviation safety regulation.
Scope and Application
The Civil Aviation Act 1988, through its regulations including the Civil Aviation Safety Regulations 1998, governs the safety of air navigation in Australia, and under this legislative framework, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory mechanism ensures that all aircraft operating within Australia's jurisdiction maintain their airworthiness in accordance with internationally recognised standards. The ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives are integral to the continuing airworthiness of aircraft, a responsibility primarily held by the State of Design and the State of Registry, with CASA acting as the national airworthiness authority for Australia. The ADs are issued to address safety concerns and ensure compliance with safety regulations. The specific AD/F27/31 for Fokker F27 series aeroplanes, issued in 1961 and subsequently cancelled by CASA on 22 October 2009, exemplifies the process where CASA mandates the requirements of the State of Design when necessary. The cancellation of this AD reflects the resolution of the original safety issue, thereby reducing the regulatory burden without the need for public consultation or a Regulatory Impact Statement as per the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to make regulations in the interests of the safety of air navigation. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. An AD is a legislative instrument as per section 6 of the Legislative Instruments Act 2003, and it is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. These directives are crucial for 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.
Under the Civil Aviation Safety Regulations 1998, CASA has the authority to issue ADs to ensure that aircraft maintain their airworthiness. This is a critical aspect of aviation safety regulation, as the State of Registry must implement or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD for an aircraft type registered in Australia, CASA is obligated to review the information and, if necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design. This process was demonstrated in the issuance and subsequent cancellation of AD/F27/31, which affected Fokker F27 series aeroplanes in 1961. CASA reviewed this AD and decided to cancel it because the original unsafe condition no longer existed. The cancellation took effect on 22 October 2009, and no replacement AD was required.
CASA, as Australia's national airworthiness authority, is responsible for ensuring that the airworthiness directives issued are appropriate and necessary. This includes assessing any information from the State of Design and determining whether an Australian AD is required. The AD/F27/31 cancellation was made by the Manager, Initial Airworthiness, Airworthiness and Engineering Branch of the Standards and Future Technology Division on behalf of CASA, in accordance with subsection 84A(2) of the Act. This regulatory action is part of CASA's broader responsibility to maintain the safety and airworthiness of aircraft registered in Australia.
The Civil Aviation Safety Regulations 1998 also impose certain obligations on the parties and entities governed by the Act. For instance, the State of Registry must ensure that the requirements of any issued ADs are met to maintain the airworthiness of the aircraft registered within its jurisdiction. Failure to comply with ADs can result in significant safety risks and potential legal consequences. The cancellation of AD/F27/31 was made without consultation with the Australian public because it resulted in a reduction of the regulatory burden. The Office of Best Practice Regulation determined that ADs do not require a Regulatory Impact Statement, which further simplifies the process of issuing and cancelling such directives. Any breach of the requirements set out in ADs can lead to civil or criminal consequences, although specific penalties are not detailed in the provided text.