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.
The Civil Aviation Safety Authority or its predecessors issued AD/FA-200/1 affecting Fuji FA-200 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/FA-200/1. The cancellation will become effective on
2 July 2009. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes a framework for ensuring the safety and efficiency of civil aviation within Australia. One of the critical gaps addressed by this legislation is the need for stringent regulations to maintain the airworthiness of aircraft and aeronautical products, ensuring that they meet the necessary safety standards. Complementing the Civil Aviation Act, the Civil Aviation Safety Regulations 1998 further refine these objectives by empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs are critical legislative instruments that mandate specific actions to maintain the safety of aircraft types registered in Australia, in alignment with international standards set by the Convention on International Civil Aviation. The policy objective of these regulations is to uphold the highest safety standards in the civil aviation sector, thereby protecting the public and maintaining the integrity of air navigation systems.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation, as per section 98 of the Civil Aviation Act 1988. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are essential for maintaining the continuing airworthiness of aircraft, in line with Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for an aircraft type, and the State of Registry is tasked with ensuring the aircraft's ongoing airworthiness. CASA, as Australia’s national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. In the case of Fuji FA-200 series aeroplanes, CASA issued and subsequently cancelled Australian AD/FA-200/1 due to the resolution of the unsafe condition, without the need for a replacement AD. The cancellation of this AD was in accordance with Australia’s obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs, as specified in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore qualify as legislative instruments as per section 6 of the Legislative Instruments Act 2003. These directives are critical tools for ensuring the ongoing airworthiness of aircraft and are issued by most International Civil Aviation Organization (ICAO) Contracting States. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation, and must provide necessary information to ensure the continuing airworthiness of the aircraft type to appropriate States of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to ensure compliance with these standards.
Entities and individuals governed by these regulations must adhere to the directives issued by CASA. This includes ensuring that aircraft meet the safety standards set forth in any applicable ADs. Specifically, aircraft operators must comply with the requirements of any AD issued by CASA, which may include modifications, inspections, or other actions necessary to maintain airworthiness. These obligations extend to all aircraft on the Australian Register, requiring operators to stay abreast of and comply with any ADs that pertain to their aircraft types. CASA’s assessment and subsequent actions, such as the issuance or cancellation of ADs, are binding on the entities and individuals they govern.
Failure to comply with the requirements of an airworthiness directive can lead to severe consequences. Regulatory breaches may result in both civil and criminal penalties. Civil penalties can include fines, with the exact amount depending on the severity and nature of the breach. Criminal penalties may also apply, potentially leading to imprisonment for individuals found guilty of violations. The maximum penalties for such offences are not specified in the text but are typically detailed in relevant legislation. CASA has the authority to enforce these regulations and take appropriate action against non-compliance, ensuring that safety standards are maintained across the aviation sector.