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/F27/93 affecting Fokker F27 series aeroplanes in 1978. 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 Australian Parliament, serves to regulate civil aviation in Australia, ensuring the safety of air navigation among other objectives. One of the key mechanisms through which this is achieved is the issuance of airworthiness directives (ADs), as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, are crucial for maintaining the continuing airworthiness of aircraft. The Civil Aviation Safety Authority (CASA) is responsible for issuing such directives, ensuring that they align with international standards set forth by the International Civil Aviation Organization (ICAO). The Act empowers CASA to mandate the requirements of ADs, reflecting the responsibility of the State of Registry to ensure the continuing airworthiness of aircraft registered in Australia. This legislative framework ensures that the safety and regulatory standards are consistently upheld across the aviation industry.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework under which airworthiness directives (ADs) are issued and managed in Australia. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments as per the Legislative Instruments Act 2003. CASA, as Australia’s national airworthiness authority, is responsible for ensuring the continuing airworthiness of aircraft registered in Australia, which includes assessing ADs issued by the State of Design and, when necessary, issuing Australian ADs to mandate the requirements. The AD/F27/93 issued in 1978 concerning Fokker F27 series aeroplanes has been reviewed and cancelled by CASA, effective 22 October 2009, due to the elimination of the original unsafe condition, with no replacement AD required. This cancellation reduces regulatory burden and has been determined by the Office of Best Practice Regulation to not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, as amended, empowers the Governor-General to issue regulations under section 98, ensuring the safety of air navigation. In line with this provision, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified aircraft types or aeronautical products. According to subregulation 39.001(5), ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Under these provisions, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to the State of Registry to ensure the airworthiness of the aircraft. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft and must establish or adopt requirements to uphold this responsibility. When a State of Design issues an AD against a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the State of Design’s requirements.
CASA issued Airworthiness Directive F27/93 in 1978 concerning the Fokker F27 series aeroplanes. Following a review, CASA has decided to cancel this AD, effective 22 October 2009. The cancellation does not necessitate a replacement AD, as the original safety issue no longer exists. Given that the cancellation reduces the regulatory burden, there was no consultation with the Australian public. The Office of Best Practice Regulation has also determined that ADs do not require a Regulatory Impact Statement.
The AD cancellation 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 regulatory action underscores CASA's commitment to ensuring that airworthiness directives are both necessary and effective. Any entities or individuals who fail to comply with CASA's airworthiness directives may face significant consequences, including the possibility of enforcement actions or other regulatory measures aimed at ensuring compliance with aviation safety standards. Penalties for non-compliance can vary, but may include substantial fines or other legal repercussions.