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/F27/66, 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 Parliament of Australia, serves to regulate civil aviation and ensure the safety of air navigation. This legislation provides the foundation for subsequent regulations, including the Civil Aviation Safety Regulations 1998, which were amended to incorporate provisions regarding the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for certain types of aircraft or aeronautical products, ensuring the continuing airworthiness of aircraft registered in Australia. The policy objective of these regulations is to align with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, and to maintain the safety and reliability of Australian aviation operations.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation in Australia. Pursuant to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. The issuance of ADs aligns with international standards under Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the airworthiness of individual aircraft. In the case of Fokker F27 series aeroplanes, CASA issued AD/F27/66 in 1967, which has now been cancelled effective 22 October 2009 due to the resolution of the original unsafe condition, and no further AD is required. The cancellation of this AD reduces the regulatory burden, and no public consultation or Regulatory Impact Statement was deemed necessary.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the regulation of civil aviation in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These ADs are legislative instruments that mandate safety requirements, and they are essential for ensuring the continuing airworthiness of aircraft.
Under the Civil Aviation Safety Regulations 1998, CASA has a duty to issue Australian ADs when necessary, particularly when the State of Design issues an AD for a type of aircraft registered in Australia. The State of Registry, which in Australia is CASA, is responsible for the continuing airworthiness of individual aircraft and must implement the requirements set out in any relevant ADs. The State of Design, on the other hand, has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure its safety.
Failure to comply with an AD can result in significant safety risks. While the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or consequences for non-compliance with ADs, the broader aviation regulations impose strict compliance requirements. Non-compliance can lead to enforcement actions by CASA, including fines, suspension, or revocation of aircraft certificates of airworthiness. Additionally, the operation of an aircraft that does not comply with applicable ADs can be considered a breach of safety regulations, potentially resulting in criminal charges and penalties under other relevant aviation laws.
In the specific case of AD/F27/66, issued in 1967 for Fokker F27 series aeroplanes, CASA has decided to cancel this directive as the original unsafe condition no longer exists. This cancellation is effective from 22 October 2009 and does not require consultation with the Australian public because it reduces regulatory burden. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The cancellation of this AD is a legislative action taken by the Manager, Future Technology and Regulatory Trends, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.