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-200/7 affecting Fuji FA-200 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/FA-200/7. 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 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, with a strong focus on safety. Under this Act, the Governor-General has the authority to make regulations that contribute to the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which under regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance under the Acts Interpretation Act 1901. This legislative framework ensures that Australia adheres to its obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft, which is primarily the responsibility of the State of Design. In the case of aircraft registered in Australia, CASA must review and, if necessary, mandate the requirements of any AD issued by the State of Design.
The cancellation of Australian AD/FA-200/7, which affected Fuji FA-200 series aeroplanes, was a direct consequence of Australia's commitments under the Convention on International Civil Aviation. The decision to cancel this AD was made by CASA, reflecting the authority granted under section 84A(2) of the Civil Aviation Act 1988. The cancellation became effective on 2 July 2009, and no replacement AD was deemed necessary as the unsafe condition identified by the original directive no longer existed. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, and no consultation with the Australian public was necessary for this particular AD cancellation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for ensuring the safety of air navigation within Australia. Under this framework, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) that mandate safety requirements for specific types of aircraft or aeronautical products, pursuant to regulation 39.001. These directives, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, play a critical role in maintaining the continuing airworthiness of aircraft registered in Australia. The scope of these directives extends to all aircraft types that are designed or registered within Australia, ensuring that safety standards are uniformly applied across the aviation industry. Additionally, in accordance with international obligations under the Convention on International Civil Aviation, CASA is required to respond to ADs issued by the State of Design, which may necessitate the issuance or cancellation of Australian ADs. This process ensures that Australian-registered aircraft meet international safety standards while also addressing any specific safety concerns pertinent to Australian operations.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework for the regulation of civil aviation in Australia, and section 98 specifically allows the Governor-General to make regulations to ensure the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments as defined in the Legislative Instruments Act 2003.
The obligations imposed by these regulations primarily concern the State of Design and the State of Registry of an aircraft. The State of Design, as per Annex 8 to the Convention on International Civil Aviation, is responsible for the continuing airworthiness of an aircraft type, and must provide necessary information to ensure that the type remains airworthy. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. In Australia, CASA, as the national airworthiness authority, is tasked with assessing the information provided by the State of Design and issuing corresponding Australian ADs when necessary to mandate specific safety requirements.
In the context of the specific AD/FA-200/7 affecting Fuji FA-200 series aeroplanes, CASA assessed the original AD issued by the State of Design and determined that the unsafe condition no longer existed. Consequently, CASA cancelled the Australian AD/FA-200/7, which will become effective on 2 July 2009. This cancellation process did not require consultation with the Australian public as it was in line with Australia's obligations under the Convention on International Civil Aviation. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
In terms of penalties and consequences, while the Act does not specify penalties for breaches of ADs in the text provided, non-compliance with ADs can lead to significant safety risks and could result in severe consequences, including grounding of the aircraft, fines, or other enforcement actions by CASA. The severity of penalties would depend on the nature and extent of the non-compliance and could include civil or criminal liability under other provisions of the Civil Aviation Act 1988 or related regulations.