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/FU24/42 affecting Fletcher FU24 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/FU24/42. 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, 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 Australian Parliament, addresses the regulation of civil aviation safety to ensure the protection of life and property, as well as the efficient operation of civil aviation in Australia. Under the authority conferred by section 98 of this Act, the Governor-General can make regulations aimed at enhancing the safety of air navigation. In line with these objectives, the Civil Aviation Safety Regulations 1998 permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and review under the Legislative Instruments Act 2003. The ADs are integral to fulfilling Australia's commitments under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has primary responsibility for the continuing airworthiness of an aircraft type. CASA, as the national airworthiness authority, must assess and, if necessary, issue Australian ADs when a State of Design issues an AD affecting aircraft on the Australian Register.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes the framework for ensuring the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) playing a pivotal role as the national airworthiness authority. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. These ADs are critical for maintaining the continuing airworthiness of aircraft and are mandated by international standards under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for providing necessary information to ensure the airworthiness of an aircraft type, while the State of Registry is responsible for implementing these requirements for individual aircraft. In the case of the Fletcher FU24 model aircraft, CASA has cancelled the previously issued Australian AD/FU24/42, effective from 7 May 2009, due to the resolution of the unsafe condition identified, and has determined that no further consultation or Regulatory Impact Statement was necessary in this instance.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework within which airworthiness directives (ADs) are issued and managed in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. These ADs are designed to ensure the continuing airworthiness of aircraft and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
Under these regulations, CASA has the responsibility to assess airworthiness directives issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to ensure compliance with international standards. The State of Design, typically the country where the aircraft is designed, is mandated by Annex 8 to the Convention on International Civil Aviation to provide information to ensure the continuing airworthiness of aircraft types. The State of Registry, in this case Australia, must then develop or adopt requirements to maintain the airworthiness of aircraft registered within its territory. For example, in the case of Fletcher FU24 model aircraft, CASA assessed the AD issued by the State of Design and subsequently cancelled the Australian AD/FU24/42, as the unsafe condition no longer existed.
The obligations imposed by these regulations include ensuring that CASA evaluates any ADs issued by the State of Design and decides whether to issue corresponding Australian ADs. CASA must act in accordance with the obligations under the Convention on International Civil Aviation, which dictates that ADs are a common form of continuing airworthiness information. Additionally, as ADs are considered legislative instruments, they must be made in compliance with the Legislative Instruments Act 2003. In the case of the Fletcher FU24 model aircraft, CASA’s assessment and subsequent cancellation of the Australian AD were made in accordance with these legislative requirements.
Failure to comply with the requirements of ADs can lead to significant consequences. The Civil Aviation Act 1988 and associated regulations establish various offences and penalties for non-compliance. For instance, operating an aircraft in contravention of an AD could result in civil penalties, including fines and potential prosecution under the Act. Furthermore, CASA has the authority to take enforcement actions, such as grounding non-compliant aircraft, to ensure adherence to safety standards. The specific penalties for breaches of ADs can vary, but they are intended to enforce the high safety standards necessary for civil aviation.