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-200/14 affecting Fuji FA-200 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/FA-200/14. 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, Airframe and Structures, 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 Parliament of Australia, addresses the regulation of civil aviation in the interests of safety and efficiency. One of its key provisions is the delegation of authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments, as outlined in the Legislative Instruments Act 2003, and serve as crucial mechanisms for maintaining the continuing airworthiness of aircraft as required by Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act 1988 ensures that CASA, acting on behalf of the Australian government, can mandate specific safety measures to address identified risks, thereby upholding Australia’s international obligations and ensuring the safe operation of aircraft within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) aimed at ensuring the safety of air navigation. These ADs apply to specific types of aircraft or aeronautical products and are considered legislative instruments under Australian law, subject to disallowance by Parliament. The State of Design for an aircraft type holds primary responsibility for its continuing airworthiness, while the State of Registry must ensure the aircraft meets airworthiness standards. In Australia, CASA acts as the national airworthiness authority and must issue ADs that align with those issued by the State of Design for aircraft registered in Australia. The issuance and cancellation of such directives are governed by international obligations under the Convention on International Civil Aviation, and the specific AD/FA-200/14 for Fuji FA-200 series aeroplanes has been cancelled by CASA on 2 July 2009, following the resolution of the unsafe condition it was originally intended to address. Given the international nature and technical focus of ADs, they do not typically require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives are legislative instruments that mandate specific safety measures for types of aircraft or aeronautical products. An AD is issued when there is a need to ensure the continuing airworthiness of an aircraft type, as per the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation. Specifically, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, which in turn, must ensure the continuing airworthiness of the aircraft registered within their jurisdiction.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA is required to assess information provided by the State of Design and, if necessary, issue Australian ADs to mandate the required safety measures. For example, AD/FA-200/14, which affected Fuji FA-200 series aeroplanes, was issued by CASA and subsequently cancelled after it was determined that the unsafe condition no longer existed. The cancellation of the AD is a result of Australia's obligations under the Convention on International Civil Aviation and does not require consultation with the Australian public or a Regulatory Impact Statement.
Entities and individuals governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are required to comply with the airworthiness directives issued by CASA. This includes adhering to the safety measures and requirements outlined in the ADs. Failure to comply with an AD may result in civil or criminal penalties, depending on the severity of the non-compliance. The maximum penalties for breaching the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can include fines and imprisonment, with the specific penalties varying based on the nature and extent of the breach. It is essential that all parties governed by the Act and Regulations ensure compliance with airworthiness directives to maintain the safety of air navigation and the public.