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/REC/4 affecting Fairchild Model F800 Digital Flight Data Recorders (DFDR). CASA has assessed this AD and as a result has cancelled Australian AD/REC/4. The cancellation will become effective on 18 December 2008. 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 was enacted to establish a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the sector. This legislation empowers the Governor-General to create regulations under section 98, with a focus on the safety of air navigation. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. These ADs serve as legislative instruments, subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 respectively. The underlying policy objective is to maintain the highest safety standards in civil aviation by mandating specific actions to address any identified safety issues.
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 kinds of aircraft or aeronautical products. These directives are critical in ensuring the continuing airworthiness of aircraft, and as such, they are issued by CASA in accordance with Australia’s obligations under the Convention on International Civil Aviation, particularly under Annex 8. This regulation applies to all entities and individuals involved in the operation, maintenance, and oversight of aircraft registered within Australia. The geographic scope of these regulations extends to national airspace, ensuring that all aircraft operating within Australian jurisdiction adhere to the stipulated airworthiness standards. While ADs are legislative instruments, they are subject to disallowance under section 46A of the Acts Interpretation Act 1901. Notably, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, and as such, CASA does not typically consult with the public on individual ADs. The AD/REC/4, which affected Fairchild Model F800 Digital Flight Data Recorders, was cancelled by CASA on 18 December 2008 due to the resolution of the unsafe condition, and no replacement AD was deemed necessary.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation, with the Civil Aviation Safety Regulations 1998 (regulation 39.001) specifically allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs, as defined by subregulation 39.001(5), are considered legislative instruments under section 46A of the Acts Interpretation Act 1901, and as such, they fall under the purview of the Legislative Instruments Act 2003.
According to Annex 8 of the Convention on International Civil Aviation, the State of Design, which is responsible for the initial design and airworthiness of an aircraft type, must provide necessary information to ensure the continuing airworthiness of the aircraft. This responsibility is shared with the State of Registry, which must develop or adopt requirements to ensure the ongoing airworthiness of the aircraft on its register. In the case of Australia, CASA, as the national airworthiness authority, is mandated to assess information from the State of Design and issue corresponding ADs when necessary. For example, AD/REC/4, which affected Fairchild Model F800 Digital Flight Data Recorders (DFDR), was assessed and subsequently cancelled by CASA, with the cancellation taking effect on 18 December 2008.
The obligations imposed by these regulations are significant for both CASA and the operators of affected aircraft. CASA must rigorously assess any ADs issued by the State of Design and determine whether they necessitate the issuance of corresponding ADs in Australia. This ensures that Australian aircraft meet the same safety standards as those in other ICAO Contracting States. Aircraft operators, on the other hand, are required to comply with any ADs issued by CASA, ensuring that their aircraft remain airworthy and safe for operation.
The Civil Aviation Safety Regulations 1998 also outline the potential consequences of non-compliance with ADs. Failure to adhere to an AD can result in significant civil or criminal penalties. While the specific penalties are not detailed in the text, they generally include fines and imprisonment for serious violations. The seriousness of the offence and the degree of non-compliance will influence the extent of these penalties. Ensuring compliance with ADs is thus crucial for maintaining the safety and airworthiness of aircraft operating in Australia.