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/F27/34 affecting Fokker F27 series aeroplanes in 1967. 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, enacted by the Australian Parliament, provides the legal framework for the regulation of civil aviation within Australia. The Act is aimed at ensuring the safety of air navigation and includes provisions for the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that address continuing airworthiness issues of aircraft and aeronautical products, ensuring compliance with the requirements set forth by the International Civil Aviation Organization (ICAO) and other relevant authorities. The Civil Aviation Safety Authority (CASA) is responsible for issuing ADs, which may be issued in response to safety concerns identified by the State of Design or the State of Registry of an aircraft. In the context of AD/F27/34 affecting Fokker F27 series aeroplanes, CASA has decided to cancel the AD due to the resolution of the original unsafe condition, leading to a reduction in regulatory burden. This cancellation was made without public consultation and does not require a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The AD cancellation was authorised by the Manager, Future Technology and Regulatory Trends of CASA, in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, establishing a framework for maintaining the safety and airworthiness of aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments that are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs align with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the continuing airworthiness of individual aircraft. In the case of ADs issued by the State of Design that affect aircraft on the Australian Register, CASA must assess and, if necessary, issue corresponding Australian ADs to enforce the requirements. The AD/F27/34 issued by CASA in 1967 for Fokker F27 series aeroplanes has been cancelled, effective from 22 October 2009, as the unsafe condition no longer exists, and no replacement AD is required. This cancellation does not necessitate public consultation or a Regulatory Impact Statement as it reduces the regulatory burden. The AD was issued by the Manager, Future Technology and Regulatory Trends of CASA's Standards Development and Future Technology Division, in accordance with subsection 84A(2) of the Act.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 pertinent to the issue of airworthiness directives (ADs) include section 98 of the Act (subsection 84A(2)) and regulation 39.001 of the Regulations. Section 98 of the Act empowers the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 authorises the Civil Aviation Safety Authority (CASA) to issue ADs for specified aircraft types or aeronautical products. This regulatory mechanism ensures that safety directives are issued to maintain or restore the airworthiness of aircraft.
The obligations imposed by these regulations on CASA and other relevant parties include the responsibility to assess any airworthiness directives issued by the State of Design and to issue corresponding Australian ADs if necessary. The State of Design, typically the manufacturer of the aircraft, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type, including providing necessary information to States of Registry. In turn, the State of Registry, which is Australia in this context, must ensure the continuing airworthiness of individual aircraft registered within its jurisdiction by implementing the necessary requirements, including those mandated by ADs.
There are specific consequences for breaches of these regulations. Under the Legislative Instruments Act 2003, ADs are considered legislative instruments, and their issuance follows the legislative process outlined in that Act. Although the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not explicitly state penalties for non-compliance with ADs, non-compliance could lead to enforcement actions by CASA. These actions might include fines, suspension or revocation of airworthiness certificates, and potentially legal proceedings under other relevant legislation. Given the critical nature of air safety, penalties for non-compliance can be severe and may include substantial fines and imprisonment for individuals and companies, as stipulated in other aviation-related acts.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a robust framework for issuing airworthiness directives to ensure the safety and airworthiness of aircraft. CASA has the authority to issue these directives based on assessments of information from the State of Design, and compliance with these directives is mandatory for maintaining the safety standards required in Australian aviation.