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/F27/56 Amdt 1 affecting Fokker F27 series aeroplanes. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 19 November 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 in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate and ensure the safety of air navigation in Australia. The Act provides the authority for the Governor-General to make regulations under section 98, which are intended to maintain safety standards in air navigation. The Civil Aviation Safety Regulations 1998 further detail these safety requirements, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The Civil Aviation Act 1988 and its associated regulations aim to align with international standards set by the Convention on International Civil Aviation, ensuring that Australia’s regulatory framework supports the safe and efficient operation of aircraft within its jurisdiction. The policy objective is to maintain and enhance the safety of air navigation through stringent regulatory measures.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issue of airworthiness directives in Australia, ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design, typically the manufacturer, has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry, such as Australia, which in turn ensure the ongoing airworthiness of registered aircraft. CASA, as Australia's national airworthiness authority, must assess information from the State of Design and, if necessary, issue Australian airworthiness directives to enforce the required safety measures. The application of these regulations is national in scope, affecting all aircraft and aeronautical products within Australia. No specific exclusions, exemptions, or thresholds are mentioned in the provided text, and the application may be further detailed through subordinate instruments.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 (CASR) together establish the framework for the issuance and management of airworthiness directives (ADs) in Australia. According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations necessary for the safety of air navigation. Regulation 39.001 of the CASR empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. This regulatory power is underscored by subregulation 39.001(5), which specifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and therefore constitute legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations under the Civil Aviation Act 1988 and the CASR extend to various parties, including the State of Design, the State of Registry, and CASA. The State of Design, which is the country responsible for the design of the aircraft, has the overarching responsibility for ensuring the continuing airworthiness of the aircraft type as per Annex 8 to the Convention on International Civil Aviation. This includes providing any necessary information to the State of Registry, which is the country where the aircraft is registered. The State of Registry, in turn, is responsible for developing or adopting requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. When the State of Design issues an AD, CASA must review this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with ADs can lead to significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in civil penalties. The maximum penalty for a corporation can be up to $210,000 for each instance of non-compliance, and for an individual, it can be up to $42,000 for each instance. Additionally, if non-compliance leads to an aircraft being operated in a non-airworthy condition, it can result in criminal penalties. The maximum penalty for a corporation can be up to $2,100,000, and for an individual, it can be up to $420,000, along with potential imprisonment. CASA enforces these regulations rigorously to ensure the highest standards of aviation safety in Australia.