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-200/15 affecting Fuji FA-200 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/FA-200/15. 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, the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 is a foundational piece of Australian legislation that governs the safety and regulation of civil aviation within Australia. Enacted to ensure the safe and efficient operation of aircraft, the Act provides the legal framework for the Civil Aviation Safety Authority (CASA) to issue regulations and directives that safeguard air navigation. One such regulation, detailed in the Civil Aviation Safety Regulations 1998, allows CASA to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products, thereby ensuring compliance with safety standards. These ADs are considered legislative instruments and fall under the purview of Australia’s obligations under the Convention on International Civil Aviation. In cases where ADs are issued by the State of Design and affect aircraft registered in Australia, CASA must evaluate and, if necessary, issue corresponding Australian ADs to maintain airworthiness. The cancellation of an AD, such as AD/FA-200/15 affecting Fuji FA-200 series aeroplanes, is made in accordance with the Act and does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Under this legislative structure, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs concerning specific types of aircraft or aeronautical products, as outlined in regulation 39.001. These directives are considered legislative instruments under the Legislative Instruments Act 2003, given their disallowable nature as per section 46A of the Acts Interpretation Act 1901. The application of ADs aligns with international standards, particularly those stipulated in Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry regarding the continuing airworthiness of aircraft. CASA, as Australia’s national airworthiness authority, must evaluate ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requisite safety measures. This process underscores the commitment to international safety standards while ensuring the safety of air navigation within Australia’s jurisdiction.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations aimed at ensuring 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 specific kinds of aircraft or aeronautical products. This process is detailed in subregulation 39.001(5), which stipulates that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, thus, a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. ADs are crucial for maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design with the overall responsibility for this aspect.
Under the Civil Aviation Safety Regulations 1998, CASA must assess any AD issued by a State of Design that affects an aircraft on the Australian Register and, if necessary, issue an Australian AD to enforce the requirements. This ensures compliance with both international standards and local regulations. For example, CASA assessed and subsequently cancelled Australian AD/FA-200/15, which affected Fuji FA-200 series aeroplanes, due to the unsafe condition no longer existing. The cancellation took effect on 2 July 2009, and no replacement AD was necessary.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, including aircraft operators and manufacturers, have specific obligations. They must adhere to the ADs issued by CASA and ensure their aircraft meet all mandated safety requirements. This includes following any necessary modifications or inspections outlined in the ADs. Failure to comply with these directives can lead to serious safety risks and potential legal consequences.
Failure to comply with ADs can result in significant penalties. Under the Civil Aviation Act 1988, non-compliance can be subject to civil penalties, including fines. The maximum penalty for contravening an AD can be substantial, depending on the severity of the breach and any resultant harm. Additionally, criminal penalties may apply, especially in cases where non-compliance leads to accidents or endangers public safety. Such breaches can result in imprisonment, further emphasizing the importance of strict adherence to airworthiness directives.