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-200/2 affecting Fuji FA-200 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/FA-200/2. 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 Australian Parliament, serves to regulate civil aviation activities within Australia, ensuring safety and efficiency in air navigation. Complementing this Act, the Civil Aviation Safety Regulations 1998 provide detailed provisions for airworthiness standards and mandates that can be issued by the Civil Aviation Safety Authority (CASA). One such mandate is the Airworthiness Directive (AD), which is a legislative instrument under the authority granted by the Act. These directives are designed to maintain the continuing airworthiness of aircraft by addressing identified safety issues. The problem or gap that these regulations aim to address includes the need for consistent safety standards across the aviation industry, particularly in ensuring that aircraft types registered in Australia meet international safety benchmarks set by the Convention on International Civil Aviation.
The AD/FA-200/2, issued by CASA concerning Fuji FA-200 series aeroplanes, is an example of how these regulations are applied to address specific safety concerns. The directive was cancelled following an assessment that the unsafe condition it was intended to address no longer exists, demonstrating the dynamic nature of airworthiness management. This cancellation aligns with Australia's obligations under international aviation agreements and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD was issued by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the legislative authority granted by the Act.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the framework for ensuring the safety of air navigation in Australia, with a particular focus on the airworthiness of aircraft and aeronautical products. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is a legislative instrument and a disallowable instrument under the Acts Interpretation Act 1901. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the continuing airworthiness of individual aircraft within its register. Consequently, when a State of Design issues an AD, CASA must assess the information and, if necessary, issue a corresponding Australian AD to enforce the requirements. The AD in question, AD/FA-200/2, concerning Fuji FA-200 series aeroplanes, has been cancelled by CASA due to the unsafe condition no longer existing, and this cancellation aligns with Australia's obligations under the Convention on International Civil Aviation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 allow the Governor-General to make regulations for the safety of air navigation (section 98), and for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products (regulation 39.001). These ADs are legislative instruments that are disallowable (subregulation 39.001(5)). The State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry (Annex 8 to the Convention on International Civil Aviation). The State of Registry is then responsible for the continuing airworthiness of individual aircraft, developing or adopting requirements to ensure this (Annex 8). CASA, as the national airworthiness authority, must assess information from the State of Design and, if necessary, issue an Australian AD to mandate the requirements.
The obligations imposed by the Act and the Regulations include the State of Design providing necessary information to ensure continuing airworthiness of aircraft types, and the State of Registry developing or adopting requirements to ensure the airworthiness of individual aircraft. CASA must assess information from the State of Design and issue an Australian AD if appropriate. The State of Registry must also ensure that the requirements of any AD are met by the aircraft on the Australian Register. These obligations ensure that aircraft remain airworthy and safe for operation.
There are no specific offences or penalties mentioned in the text for breach of the ADs. However, general compliance with ADs is critical as they are issued to address safety concerns and ensure the continuing airworthiness of aircraft. Failure to comply with an AD can result in severe consequences, including potential grounding of the aircraft, legal action, and civil or criminal penalties under other relevant aviation laws. The exact nature of these penalties would depend on the specific circumstances of the breach and the laws applicable at the time.