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-200/5 affecting Fuji FA-200 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/FA-200/5. 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, was introduced to provide a legislative framework for the regulation of civil aviation in Australia, focusing on ensuring the safety of air navigation. In line with this objective, the Civil Aviation Safety Regulations 1998 were established, which under 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 serve as legislative instruments under the Acts Interpretation Act 1901 and are essential for maintaining the continuing airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of aircraft types, while the State of Registry ensures the airworthiness of individual aircraft, a duty CASA undertakes on Australia's behalf. The AD/FA-200/5 issued by CASA concerning Fuji FA-200 series aeroplanes has been cancelled effective 2 July 2009, reflecting that the unsafe condition addressed by the directive no longer exists, thereby obviating the need for a replacement AD or public consultation.
Scope and Application
The Civil Aviation Act 1988, and specifically 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 ADs serve as the primary means of ensuring the continuing airworthiness of aircraft types and are issued in accordance with Annex 8 to the Convention on International Civil Aviation. As a legislative instrument, an AD is subject to disallowance under section 46A of the Acts Interpretation Act 1901 and is created under the authority granted by section 84A(2) of the Civil Aviation Act 1988. The ADs apply to aircraft registered in Australia, with CASA acting as the national airworthiness authority responsible for assessing and, if necessary, issuing Australian ADs in response to ADs issued by the aircraft’s State of Design. The cancellation of AD/FA-200/5 for Fuji FA-200 series aeroplanes, for example, was made in compliance with Australia’s obligations under the Convention on International Civil Aviation and did not require consultation with the public or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations to ensure air navigation safety, while the Civil Aviation Safety Regulations 1998 (regulation 39.001) grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under the Acts Interpretation Act 1901 (section 46A), and thus, as per section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument. This means that ADs are formal regulatory tools issued by CASA to ensure compliance with safety standards.
Under Annex 8 of the Convention on International Civil Aviation, the State of Design is tasked with ensuring the continuing airworthiness of an aircraft type, and must provide necessary information to the States of Registry to maintain this airworthiness. In Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and issue corresponding ADs when necessary. This ensures that Australian-registered aircraft meet international safety standards. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must develop or adopt requirements to uphold these standards.
The obligations imposed on parties governed by these regulations include the necessity for CASA to assess international ADs and issue Australian ADs if appropriate. The State of Registry must implement the requirements stipulated in any ADs issued by CASA to maintain the airworthiness of aircraft. Failure to comply with an AD can result in serious safety risks, as the ADs are designed to address identified unsafe conditions.
In terms of consequences, non-compliance with ADs can lead to civil or criminal penalties. Civil Aviation Orders or Directions may be issued by CASA for non-compliance, and in more serious cases, the Australian Transport Safety Bureau may initiate investigations or prosecutions. The maximum penalties for breaches can vary, but they may include fines or imprisonment, depending on the severity of the breach and its impact on aviation safety. CASA's role in ensuring compliance with ADs is crucial for maintaining high safety standards in the aviation sector.