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/F27/62, Amendment 2, affecting Fokker F27 series aeroplanes in 1970. 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 establish a comprehensive legal framework governing civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations in the interests of safety, which are enforced by the Civil Aviation Safety Authority (CASA). One significant aspect of this legislation is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments that mandate specific actions to maintain the airworthiness of aircraft, aligning with international standards under Annex 8 to the Convention on International Civil Aviation. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, ensures compliance with these directives to safeguard Australia's airspace. The recent cancellation of AD/F27/62, Amendment 2, exemplifies CASA's ongoing commitment to adapting regulations in response to changing conditions and technological advancements, ultimately aiming to enhance aviation safety.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively govern the safety of air navigation in Australia. Specifically, section 98 of the Act empowers the Governor-General to create regulations for air safety, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and oversight through the Legislative Instruments Act 2003. The ADs align with international standards as outlined in Annex 8 of the Convention on International Civil Aviation, where the State of Design has the overarching responsibility for continuing airworthiness. The State of Registry, in this case CASA, is tasked with ensuring these standards are met for aircraft registered in Australia. Consequently, CASA issues Australian ADs to enforce airworthiness mandates when required. The authority to issue these directives is exercised by CASA's Manager, Future Technology and Regulatory Trends, under the oversight of the Standards Development and Future Technology Division, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to make regulations for the Act, with a focus on ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. An AD, as outlined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, as such, is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions are twofold. Firstly, the State of Design is responsible for the continuing airworthiness of an aircraft type, as mandated by Annex 8 to the Convention on International Civil Aviation. This entails providing necessary information to ensure the airworthiness of the type to the appropriate States of Registry. Secondly, the State of Registry, which in Australia is CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to mandate the State of Design’s requirements.
There are no specific offences or penalties mentioned in the regulations concerning the issuance or cancellation of ADs. However, failure to comply with an AD could potentially lead to legal consequences, as non-compliance with airworthiness requirements can result in severe penalties under the Civil Aviation Act 1988. Such penalties can include fines and imprisonment, reflecting the critical importance of adhering to airworthiness directives to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998, while not detailing specific penalties in the context of ADs, underscore the seriousness of airworthiness compliance. The cancellation of AD/F27/62, Amendment 2, affecting Fokker F27 series aeroplanes, highlights CASA’s role in managing and updating safety directives, ensuring that regulatory burdens are effectively managed and safety standards are maintained.