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-200/4 affecting Fuji FA-200 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/FA-200/4. 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 Commonwealth Parliament, serves to regulate civil aviation in Australia, ensuring safety and efficiency in air navigation. To further this objective, the Civil Aviation Safety Regulations 1998 were introduced to provide detailed rules and requirements for airworthiness. The Act empowers the Governor-General to create regulations that align with the Act's safety objectives, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft types and aeronautical products. These ADs are legislative instruments and are crucial for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. CASA plays a pivotal role in ensuring that ADs issued by aircraft design states are appropriately assessed and, if necessary, converted into Australian ADs to enforce the required safety measures. This legislative framework addresses the need for stringent oversight and compliance in civil aviation to safeguard the public and maintain international standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to entities involved in the civil aviation industry, including aircraft manufacturers, operators, and maintenance providers, as well as individuals such as pilots and air traffic controllers. The scope of these regulations extends to all aircraft registered in Australia and those operating within Australian airspace, ensuring that airworthiness directives (ADs) are issued to maintain safety standards. The ADs are legislative instruments that comply with international standards under Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information to ensure continuing airworthiness. CASA, as Australia's national airworthiness authority, is responsible for assessing and issuing Australian ADs when required. The cancellation of AD/FA-200/4 for Fuji FA-200 series aeroplanes exemplifies the application of these regulations, demonstrating that CASA can revoke directives when the unsafe conditions they address no longer exist. This process adheres to Australia's obligations under the Convention, thereby not necessitating 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) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments under section 6 of the Legislative Instruments Act 2003. This legislative framework ensures that ADs are aligned with the Convention on International Civil Aviation (Annex 8), which assigns the State of Design with overall responsibility for the continuing airworthiness of aircraft types, while the State of Registry is tasked with the continuing airworthiness of individual aircraft.
Under these regulations, CASA, as Australia’s national airworthiness authority, is mandated to review and, if necessary, issue ADs based on information provided by the State of Design. This ensures that Australian aircraft meet international safety standards. For instance, when a State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate the directive and, if appropriate, issue an Australian AD to enforce the requirements. This process was applied to the Fuji FA-200 series aeroplanes, leading to the issuance and subsequent cancellation of AD/FA-200/4. CASA determined that the unsafe condition no longer existed, and thus, the AD was cancelled effective from 2 July 2009. The cancellation was executed without public consultation or a Regulatory Impact Statement, as required by the Office of Best Practice Regulation.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 must adhere to the ADs issued by CASA. This includes ensuring that all aircraft and aeronautical products comply with the requirements set forth in the ADs. Operators of aircraft must implement any necessary modifications or maintenance actions specified in the ADs to maintain airworthiness. Failure to comply with ADs can result in severe consequences, including potential grounding of aircraft, fines, or other regulatory actions. CASA has the authority to take enforcement actions against non-compliance, which can include civil penalties and criminal charges in cases of gross negligence or willful disregard of safety regulations.