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/F27/38 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Section 98 of the Act empowers the Governor-General to make regulations, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. The purpose of these ADs is to mandate corrective actions to address safety issues identified in aircraft types or aeronautical products, thereby ensuring the continuing airworthiness of aircraft registered in Australia. This legislative mechanism is designed to align with international standards set by the Convention on International Civil Aviation, specifically Annex 8, which outlines the responsibilities of States of Design and States of Registry in maintaining the airworthiness of aircraft.
In accordance with the authority granted by the Civil Aviation Act 1988, CASA has issued AD/F27/38 concerning Fokker F27 series aeroplanes, which was first introduced in 1967. Following a review, CASA has decided to cancel this directive, effective from 22 October 2009, as the original safety concerns no longer exist. The cancellation of this AD aims to reduce regulatory burden without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The decision to cancel the AD was made by the Manager, Future Technology and Regulatory Trends of CASA's Standards Development and Future Technology Division, in compliance with subsection 84A(2) of the Act.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation and safety of civil aviation in Australia, empowering the Civil Aviation Safety Authority (CASA) to make regulations that ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The scope of these directives is influenced by the responsibilities of the State of Design and the State of Registry, with CASA required to assess and, if necessary, mandate requirements to maintain airworthiness as per international standards under Annex 8 of the Convention on International Civil Aviation. ADs are essential for ensuring the continuing airworthiness of aircraft, and the Civil Aviation Safety Regulations 1998 provide a framework for their issuance and enforcement within Australia. The act and its regulations apply nationally, extending to all entities and persons involved in civil aviation activities within the Commonwealth of Australia, ensuring compliance with safety standards set forth by CASA.
Key Provisions
The main sections of the Civil Aviation Safety Regulations 1998 that are relevant here are sections 39.001 and 39.001(5). Section 39.001 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. This is intended to ensure the safety of air navigation as provided under section 98 of the Civil Aviation Act 1988. Section 39.001(5) further specifies that these ADs are disallowable instruments, as outlined in section 46A of the Acts Interpretation Act 1901, and hence are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
These regulations impose several obligations on CASA and other entities involved in the maintenance and operation of aircraft. CASA, as the national airworthiness authority, has the responsibility to assess any ADs issued by the State of Design and to determine whether an Australian AD is necessary. The State of Registry is also obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. Additionally, aircraft operators and owners are required to comply with all ADs that pertain to their aircraft to maintain airworthiness and ensure safety.
Failure to comply with ADs can lead to various civil and criminal consequences. The regulations do not explicitly state penalties for non-compliance with ADs, but non-compliance can result in significant safety risks, which may lead to enforcement actions by CASA. These actions can include fines, suspension or revocation of airworthiness certificates, and other regulatory measures. The specific penalties are determined by CASA in accordance with the overarching aviation legislation and regulations.
The Civil Aviation Safety Regulations 1998 also include provisions for the review and cancellation of ADs. CASA issued AD/F27/38 in 1967 for Fokker F27 series aeroplanes, which has now been cancelled. The cancellation of this AD, effective from 22 October 2009, is due to the resolution of the original unsafe condition that prompted its issuance. This cancellation reduces the regulatory burden, and as such, no consultation with the Australian public was required. The Office of Best Practice Regulation has also determined that ADs do not necessitate a Regulatory Impact Statement.
The AD cancellation was 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. This process ensures that regulatory changes are made in a structured and transparent manner, reflecting the commitment to maintaining high safety standards in civil aviation.