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/FA-200/16 affecting Fuji FA-200 series aircraft in 1972. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for civil aviation in Australia, addressing various aspects of air navigation safety and regulation. This Act empowers the Governor-General to make regulations for the safety of air navigation, which includes the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives, being legislative instruments, serve as crucial tools for ensuring the continuing airworthiness of aircraft. The Civil Aviation Safety Authority (CASA), acting as Australia’s national airworthiness authority, plays a pivotal role in this process by assessing and, where necessary, issuing ADs in accordance with the requirements set out by the States of Design and Registry under international conventions. The policy objective underlying these regulations is to maintain high standards of air safety, aligning with international obligations and ensuring the safety of air navigation within Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) being the authority responsible for issuing these directives under regulation 39.001. The ADs are legislative instruments that fall under the purview of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives are mandated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness of an aircraft type on the State of Design, while the State of Registry is responsible for the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must review and, if necessary, issue Australian ADs to ensure compliance with international standards. An example of this process is evident in AD/FA-200/16, which was issued for Fuji FA-200 series aircraft in 1972 and has since been cancelled, effective 17 January 2008, with no replacement AD required due to the addressed unsafe condition. The cancellation of such ADs is determined not to require public consultation and does not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, under section 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 further supports this by empowering the Governor-General to make regulations for the safety of air navigation. It is important to note that these ADs are legislative instruments, as outlined in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed on CASA, as Australia’s national airworthiness authority, include the responsibility to assess information from the State of Design of an aircraft type and to issue Australian ADs if necessary. The State of Registry of individual aircraft must ensure the continuing airworthiness of aircraft by developing or adopting relevant requirements. This process is aligned with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overall responsibility for ensuring the continuing airworthiness of an aircraft type. Furthermore, when an AD is issued by the State of Design, CASA must assess the information and, if appropriate, issue a corresponding AD for Australian aircraft.
Under the Civil Aviation Safety Regulations 1998, ADs serve as a crucial mechanism for maintaining the safety and airworthiness of aircraft. CASA has recently issued a cancellation for AD/FA-200/16, which affected Fuji FA-200 series aircraft from 1972. This cancellation, effective from 17 January 2008, does not necessitate a replacement AD as the previously identified unsafe condition is now addressed by AD/GENERAL/74 Amendment 1. As the cancellation results in a reduction of the regulatory burden, no public consultation was deemed necessary, and the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not required.
Should there be any breaches of the provisions under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, the consequences can be significant. Violators may face both civil and criminal penalties, depending on the nature and severity of the breach. The maximum penalties for non-compliance can include substantial fines and, in some cases, imprisonment. It is essential for all parties governed by these regulations to adhere strictly to the issued ADs to ensure the highest standards of aviation safety.