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/F27/70 affecting Fokker F27 series aeroplanes in 1969. 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 framework for civil aviation safety and regulation within Australia. The Act empowers the Governor-General to make regulations that ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as a means to ensure the continuing airworthiness of aircraft, aligning with international standards set by Annex 8 to the Convention on International Civil Aviation. The policy objective is to maintain high safety standards in civil aviation through effective regulation and oversight. The AD cancellation in question, AD/F27/70, affecting Fokker F27 series aeroplanes, was determined by CASA to be no longer necessary as the original unsafe condition has been resolved. This decision, made by the Manager, Future Technology and Regulatory Trends of the Standards Development and Future Technology Division on behalf of CASA, reflects the authority granted under subsection 84A(2) of the Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, as stipulated in regulation 39.001. These ADs, which are legislative instruments under section 6 of the Legislative Instruments Act 2003, are instrumental in ensuring the continuing airworthiness of aircraft registered in Australia. The State of Design has the primary responsibility for the airworthiness of an aircraft type, and must supply the necessary information to the States of Registry, including Australia, to maintain airworthiness. Consequently, when an AD is issued by a State of Design concerning a type of aircraft registered in Australia, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements. The AD/F27/70, which affected the Fokker F27 series aeroplanes and was issued by CASA in 1969, has been reviewed and subsequently cancelled by CASA due to the elimination of the original unsafe condition, effective from 22 October 2009. This cancellation, resulting in a reduction of regulatory burden, did not necessitate consultation with the Australian public, nor did it require a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, allows the Governor-General to make regulations to ensure the safety of air navigation, with section 98 being particularly relevant. Regulation 39.001 further empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are formal regulatory instruments, as per subregulation 39.001(5), and are subject to disallowance under section 46A of the Acts Interpretation Act 1901, making them legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. This regulatory framework is designed to ensure that aircraft remain airworthy and safe throughout their operational life.
The obligations imposed by these regulations are significant for both the State of Design and the State of Registry. The State of Design, which is the country where the aircraft type is designed, has the responsibility to provide necessary information to maintain the continuing airworthiness of the aircraft type. This includes issuing ADs when required. Conversely, the State of Registry, which is the country where the individual aircraft is registered, must develop or adopt requirements to ensure that each aircraft remains airworthy. For Australia, CASA, as the national airworthiness authority, plays a crucial role in assessing information from the State of Design and issuing corresponding ADs to ensure compliance with safety standards.
Non-compliance with the ADs issued by CASA can lead to significant consequences. The Civil Aviation Safety Regulations 1998 provide for various offences and penalties for breaches of ADs. While the specific penalties are not detailed in the provided text, they are likely to include substantial fines and potential criminal charges, especially if the non-compliance results in safety incidents or accidents. The regulatory burden is designed to be proportionate, and in this case, the cancellation of AD/F27/70, which was issued in 1969 for Fokker F27 series aeroplanes, has been determined not to require a Regulatory Impact Statement due to its minimal impact on the regulatory environment.
CASA issued the AD/F27/70 in 1969 to address a specific safety concern with Fokker F27 series aeroplanes. After thorough review, CASA determined that the unsafe condition no longer exists and has decided to cancel the AD. The cancellation will take effect on 22 October 2009, and no replacement AD is required. This decision 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 action reflects CASA's commitment to maintaining the highest safety standards while also ensuring that the regulatory framework remains efficient and effective.