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/FU24/19 affecting Fletcher FU24 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/FU24/19. The cancellation will become effective on 7 May 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, Airframes 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 Commonwealth Parliament, governs aviation safety in Australia. It empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. One such regulation, under the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are legislative instruments and are integral to ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The ADs reflect the obligations of the State of Design and the State of Registry in maintaining aircraft safety. The recent cancellation of Australian AD/FU24/19, affecting Fletcher FU24 model aircraft, exemplifies CASA's role in aligning with international standards and ensuring compliance with Australian obligations under the Convention on International Civil Aviation. The process involved rigorous assessment and determination by CASA, and no public consultation was required as the cancellation was in line with international obligations. This action underscores CASA's commitment to safety and regulatory compliance within the framework of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as authorised by section 98 of the Civil Aviation Act 1988. These directives are intended to ensure the safety of air navigation and are aligned with the obligations of Australia under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type. As Australia's national airworthiness authority, CASA is tasked with assessing the ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to enforce the required safety measures. The issuance and cancellation of ADs, such as the cancellation of Australian AD/FU24/19 for the Fletcher FU24 model aircraft, are legislative instruments subject to disallowance and are governed by the Legislative Instruments Act 2003. While ADs are instrumental in maintaining airworthiness standards, they do not require consultation with the Australian public or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The ADs are formulated by authorised personnel within CASA, specifically under the authority conferred by subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, and specifically regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives, which are legislative instruments under the Acts Interpretation Act 1901, mandate specific safety requirements for types of aircraft or aeronautical products. When CASA issues an AD, it is fulfilling its duty to ensure the continuing airworthiness of aircraft registered in Australia. This includes assessing ADs issued by the State of Design, which is the State responsible for the design of the aircraft type, and then determining if an Australian AD is necessary to enforce the safety measures.
The obligations placed on parties governed by this legislation include CASA's responsibility to monitor and act on ADs issued by the State of Design. When a State of Design issues an AD, CASA must assess whether the directive applies to aircraft on the Australian Register. If it does, CASA is required to issue a corresponding Australian AD to enforce the safety requirements. Furthermore, operators of affected aircraft must comply with the ADs, which may involve conducting inspections, repairs, or modifications to the aircraft to meet the safety standards specified in the AD.
Failure to comply with an AD can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance can result in both civil and criminal penalties. Civil penalties may include fines, and in more severe cases, criminal penalties can apply, with maximum fines and imprisonment terms specified in the Act. CASA has the authority to take enforcement actions against non-compliant operators, which can include grounding the aircraft until the necessary compliance measures are taken. This strict enforcement ensures that all aircraft on the Australian Register meet the required safety standards, thereby protecting the public and maintaining the high safety standards of Australia's civil aviation industry.