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/F27/46 affecting Fokker F27 series aeroplanes in 1962. 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 was enacted to provide for the regulation of civil aviation in Australia, with a strong emphasis on safety. This Act empowers the Governor-General to create regulations that safeguard the interests of air navigation safety. In accordance with the Act, the Civil Aviation Safety Regulations 1998 were also established, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are instrumental in ensuring the continuing airworthiness of aircraft types as mandated by Annex 8 of the Convention on International Civil Aviation, which places the responsibility for such airworthiness with the State of Design and the State of Registry. CASA, as Australia's national airworthiness authority, is tasked with assessing and issuing ADs to ensure compliance with international standards and the safety of air navigation within Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a regulatory framework for airworthiness in Australia, with the Civil Aviation Safety Authority (CASA) being the national airworthiness authority. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interests of air navigation safety, with regulation 39.001 specifically empowering CASA to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in the Legislative Instruments Act 2003, and are essential for ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, typically the manufacturer, holds responsibility for providing necessary information to maintain airworthiness, while the State of Registry, in Australia's case CASA, must adopt or develop requirements to enforce these directives. In a specific instance, CASA issued and subsequently decided to cancel AD/F27/46 concerning Fokker F27 series aeroplanes, effective from 22 October 2009, due to the resolution of the original unsafe condition without the need for a replacement directive. This cancellation, which aligns with international standards and reduces regulatory burden, was made without public consultation and does not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, outlines the legislative framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Act empowers the Governor-General to make regulations for the Act's purposes, including the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products, thus mandating specific actions to maintain airworthiness. According to subregulation 39.001(5), an AD is a disallowable instrument under the Acts Interpretation Act 1901, making it a legislative instrument as defined by the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act and the associated regulations are significant. The State of Design, which is the country responsible for the design of the aircraft type, must provide necessary information to ensure the aircraft's continuing airworthiness. This information is critical for the State of Registry, which is responsible for the individual aircraft, to develop or adopt requirements ensuring the aircraft's airworthiness. CASA, as Australia's national airworthiness authority, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to enforce the required safety measures. This ensures that the aircraft meet the necessary safety standards set forth by international and domestic regulations.
Failure to comply with ADs can result in serious consequences. The Civil Aviation Act 1988 and associated regulations outline various offences and penalties for non-compliance. While the specific penalties are not detailed in the given text, the general principle is that non-compliance can lead to civil or criminal sanctions. The severity of these penalties can vary depending on the nature and extent of the non-compliance. For instance, operating an aircraft that does not meet the requirements of an AD could result in fines, imprisonment, or both, depending on the circumstances and the discretion of the court.
In the specific case of AD/F27/46, which affected Fokker F27 series aeroplanes, CASA has decided to cancel the AD issued in 1962. The cancellation will become effective on 22 October 2009, as the unsafe condition it was designed to address no longer exists. This cancellation results in a reduction of the regulatory burden, and no replacement AD is required. As the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, no consultation with the Australian public has taken place regarding this cancellation. The decision to cancel the AD was 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.