AD/F27/99 - Passenger Door Outboard Lettering - Emergency Operating Instructions Changed - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation within Australia and its territories, addressing the need for a comprehensive legal framework to govern the industry. This Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, with a particular focus on ensuring the airworthiness of aircraft and aeronautical products. Under this legislative framework, the Civil Aviation Safety Regulations 1998 were also established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative instrument, which is subject to disallowance under the Acts Interpretation Act 1901, plays a crucial role in maintaining the continuing airworthiness of aircraft registered in Australia, in alignment with the standards set by the International Civil Aviation Organization (ICAO). The decision to cancel AD/F27/99, which was originally issued in 1979 concerning Fokker F27 series aeroplanes, reflects CASA’s ongoing commitment to ensuring the safety and regulatory efficiency of the aviation sector. The cancellation of this AD, effective from 22 October 2009, was determined to be appropriate as the unsafe condition it was addressing no longer exists, thus reducing the regulatory burden without necessitating a replacement AD. This action was taken by the Manager, Future Technology and Regulatory Trends of CASA, under the authority granted by the Civil Aviation Act 1988. Notably, no public consultation was required for this cancellation, as it was deemed to result in a reduction of the regulatory burden, and the Office of Best Practice Regulation has indicated that such ADs do not require a Regulatory Impact Statement.

Scope and Application

The Civil Aviation Act 1988, and the subsequent Civil Aviation Safety Regulations 1998, establish the framework under which airworthiness directives (ADs) are issued to ensure the safety of air navigation. The Act applies to the Governor-General who, under section 98, has the authority to make regulations for the purposes of the Act, particularly for the safety of air navigation. Regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that can be disallowed under the Acts Interpretation Act 1901. The application of these regulations is national, covering all aircraft and aeronautical products within Australian jurisdiction, ensuring compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design has overarching responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, is responsible for the individual aircraft on the Australian Register. The issuance and cancellation of ADs, such as the one affecting Fokker F27 series aeroplanes, are determined by CASA and are based on the assessment of continuing airworthiness and the existence of any unsafe conditions.

Key Provisions

The Civil Aviation Act 1988 provides the legislative framework for aviation safety in Australia. Specifically, section 98 of the Act empowers the Governor-General to make regulations for the purposes of the Act, particularly in the interests of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and can be disallowed under section 46A of the Acts Interpretation Act 1901. Such directives are critical tools for ensuring the ongoing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation. In terms of obligations, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, as per Annex 8 of the Convention. This involves providing necessary information to States of Registry to maintain airworthiness. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft, and must develop or adopt requirements to ensure this. In Australia, CASA, as the national airworthiness authority, must review any ADs issued by States of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. For instance, CASA issued AD/F27/99 for Fokker F27 series aeroplanes in 1979. Following a review, CASA has decided to cancel this AD, effective from 22 October 2009, due to the elimination of the original unsafe condition. There are no provisions for public consultation on this AD cancellation as it results in a reduction of regulatory burden. Moreover, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD cancellation was made by the Manager, Future Technology and Regulatory Trends, on behalf of CASA, in accordance with subsection 84A(2) of the Act. Any failure to comply with these obligations and requirements could potentially result in civil or criminal consequences, although specific penalties are not detailed within the given text. The importance of these provisions lies in maintaining the highest safety standards in Australian aviation.