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-200/3 affecting Fuji FA-200 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/FA-200/3. 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, governs civil aviation within Australia and aims to ensure the safety and efficiency of air navigation. The Act provides the legislative framework under which the Civil Aviation Safety Regulations 1998 were also created, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that mandate the safety standards for aircraft and aeronautical products. These regulations align with international standards set by the Convention on International Civil Aviation, ensuring that Australia meets its international obligations regarding the continuing airworthiness of aircraft. The ADs are a critical tool for CASA to address any unsafe conditions that may arise, ensuring that the safety of air navigation is maintained. This legislative framework ensures that CASA, as the national airworthiness authority, can respond effectively to safety issues by issuing or cancelling ADs as necessary.
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 national airworthiness authority responsible for ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for certain kinds of aircraft or aeronautical products, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are crucial for maintaining the continuing airworthiness of aircraft, with the State of Design having overall responsibility for the type of aircraft and the State of Registry managing the airworthiness of individual aircraft. In this context, CASA must evaluate ADs issued by the State of Design and, if necessary, issue Australian ADs to enforce the safety requirements. The cancellation of a specific AD, such as AD/FA-200/3 for Fuji FA-200 series aeroplanes, is conducted under Australia's obligations under the Convention on International Civil Aviation, and does not necessitate public consultation or a Regulatory Impact Statement. The ADs are issued by CASA in accordance with the relevant sections of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, as amended, allows the Governor-General to make regulations (section 98) for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are subject to disallowance provisions in the Acts Interpretation Act 1901. According to Annex 8 of the Convention on International Civil Aviation, the State of Design holds responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry, which is tasked with ensuring the aircraft's ongoing airworthiness.
Under these regulations, CASA must evaluate any ADs issued by a State of Design concerning aircraft registered in Australia. If an AD is relevant and necessary, CASA must issue a corresponding Australian AD to enforce the State of Design's requirements. This process ensures that safety measures are consistently applied across international borders. In the specific case of Fuji FA-200 series aeroplanes, CASA had issued AD/FA-200/3, which has now been cancelled as the unsafe condition it was addressing no longer exists. This cancellation took effect on 2 July 2009, and no replacement AD is necessary.
Obligations imposed by these regulations are clear and specific. CASA, as Australia’s national airworthiness authority, is responsible for assessing ADs from foreign States of Design and issuing corresponding Australian ADs when necessary. The State of Registry, in this case CASA, must ensure that all aircraft registered in Australia meet the continuing airworthiness standards as stipulated by the ADs. Furthermore, any person or entity operating an affected aircraft must comply with the ADs, which may include conducting inspections, repairs, or modifications to ensure the aircraft's airworthiness.
Failure to comply with ADs can result in serious consequences. Under section 12 of the Civil Aviation Act 1988, an operator who contravenes an AD commits an offence, which may lead to civil or criminal penalties. Civil penalties can include fines up to a specified amount, depending on the severity of the breach. Criminal penalties may also apply, with potential imprisonment for serious breaches. The specific penalties are detailed in the relevant sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, ensuring that there are clear repercussions for non-compliance with airworthiness directives.