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-200/8 affecting Fuji FA-200 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/FA-200/8. 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 legislative framework for the regulation of civil aviation in Australia, focusing on safety and efficiency. One of the key mechanisms through which this is achieved is the issuance of airworthiness directives (ADs). Pursuant to section 98 of the Act, the Governor-General can make regulations to ensure the safety of air navigation, including the issuance of ADs by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further detail the process, allowing CASA to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are aligned with the requirements of Annex 8 to the Convention on International Civil Aviation, ensuring that Australia adheres to international standards for continuing airworthiness. CASA, as the national airworthiness authority, plays a crucial role in assessing and implementing ADs to maintain the safety standards of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, as amended and supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for issuing airworthiness directives (ADs) in Australia. Under this legislation, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs that mandate the requirements for the continuing airworthiness of specific types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are issued in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The ADs ensure compliance with safety standards and address any unsafe conditions identified by the State of Design. In the specific case of the Fuji FA-200 series aeroplanes, CASA assessed an international AD and subsequently cancelled the corresponding Australian AD, effective from 2 July 2009, as the unsafe condition no longer existed, thereby negating the need for a replacement AD. This process reflects Australia’s commitment to international aviation safety standards and the continuous oversight of aircraft airworthiness within its jurisdiction.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide the framework for the issuance and management of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to create regulations necessary for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products (s. 39.001(5)). These ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to States of Registry to ensure the continuing airworthiness of aircraft. The State of Registry must then develop or adopt requirements to ensure the airworthiness of aircraft on their register. CASA, acting as Australia’s national airworthiness authority, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements.
The obligations imposed by these regulations primarily fall on CASA and the State of Design. CASA must ensure that when an AD is issued by the State of Design, it assesses the information and determines if an Australian AD is necessary. If so, CASA must issue the AD to mandate the requirements for Australian-registered aircraft. Additionally, CASA must maintain the effectiveness of these ADs and ensure their timely cancellation when the unsafe conditions they address no longer exist. The State of Design, on the other hand, must provide accurate and timely information to ensure the continuing airworthiness of the aircraft type. These obligations are designed to maintain a high standard of safety in air navigation by ensuring that any unsafe conditions identified are addressed promptly and effectively.
There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of ADs within the Civil Aviation Safety Regulations 1998. However, non-compliance with ADs can lead to serious consequences for aircraft operators, including the potential grounding of aircraft, which can result in significant financial and operational disruptions. Operators are required by law to comply with ADs, and failure to do so can result in enforcement actions by CASA, including fines, suspension or revocation of airworthiness certificates, and other regulatory sanctions. The severity of these consequences underscores the importance of adhering to ADs as a critical aspect of maintaining the safety of air navigation.