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/F27/88 affecting Fokker F27 series aeroplanes in 1976. 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, aims to regulate civil aviation in the interests of safety and efficiency. Under this Act, the Civil Aviation Safety Regulations 1998 were subsequently introduced to provide further detail and enforce compliance with safety standards. One key aspect of these regulations is the issuance of airworthiness directives, which are legislative instruments that mandate compliance with safety requirements for aircraft and aeronautical products. These directives are crucial for ensuring the continuing airworthiness of aircraft, with the State of Registry having primary responsibility for this under international conventions such as Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) issues these directives within Australia, assessing and implementing necessary measures based on directives from the State of Design. The cancellation of certain airworthiness directives, such as AD/F27/88 affecting Fokker F27 series aeroplanes, is managed by CASA and may occur when the conditions necessitating the directive no longer exist, thereby reducing the regulatory burden without requiring public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 provides the legislative framework for civil aviation safety in Australia, with the Civil Aviation Safety Regulations 1998 detailing specific requirements and procedures, including the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to make regulations that serve 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 particular types of aircraft or aeronautical products. These ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are legislative instruments in accordance with the Legislative Instruments Act 2003. The ADs aim to ensure the continuing airworthiness of aircraft, with the State of Design having the primary responsibility under Annex 8 of the Convention on International Civil Aviation. The State of Registry, in this case CASA, must then assess and, if necessary, issue Australian ADs to enforce these requirements. The AD/F27/88, which affected Fokker F27 series aeroplanes, was issued in 1976 and has been subsequently cancelled by CASA, effective from 22 October 2009, due to the resolution of the original safety concerns without the need for a replacement AD. This cancellation was not subject to public consultation as it reduces the regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD cancellation has been authorised by the Manager, Future Technology and Regulatory Trends of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are legislative instruments that are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Civil Aviation Act 1988 and the Convention on International Civil Aviation, Annex 8, establish the framework for airworthiness directives, with the State of Design having overarching responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, is responsible for assessing information provided by the State of Design and issuing Australian ADs as necessary. An example of such action was CASA’s issuance of AD/F27/88 in 1976 for Fokker F27 series aeroplanes, which has now been cancelled due to the resolution of the original safety issue, effective 22 October 2009, without the need for a replacement AD.
The Civil Aviation (Safety) Regulations 1998 impose specific obligations on CASA and other parties involved in the issuance and enforcement of airworthiness directives. CASA must assess and, where appropriate, issue ADs based on information provided by the State of Design. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft on the Australian Register. Aircraft operators and owners are obligated to comply with ADs, which may include conducting inspections, making repairs, or implementing operational changes to ensure the airworthiness of their aircraft. Failure to comply with ADs can result in significant safety risks and legal consequences.
Breaches of airworthiness directives can lead to both civil and criminal consequences. Under the Civil Aviation Act 1988, CASA has the authority to take enforcement actions against non-compliance, which may include fines, suspension or revocation of airworthiness certificates, and other regulatory measures. Additionally, operators who fail to comply with ADs may face legal action under other aviation legislation, leading to substantial financial penalties and potential criminal charges for those responsible. The seriousness of the breach and the level of risk posed to aviation safety will influence the severity of the penalties imposed.