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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/BAe 146/133 Amdt 1 affecting Fokker F100 (F28 Mk 100) series aeroplanes. The EASA issued AD 2009-0215 on 7 October 2009 which supersedes the requirements of AD/BAe 146/133 Amdt 1. EASA acts on behalf of the United Kingdom, the State of Design for these aircraft. AD/BAe 146/133 Amdt 1 has been cancelled as a result. The cancellation will become effective on 21 October 2009.
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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for civil aviation safety in Australia, addressing the need for a comprehensive and coordinated approach to aviation safety regulation. The Act empowers the Governor-General to create regulations that ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998, which fall under the purview of the Act, further detail specific safety requirements, including the issuance of airworthiness directives (ADs) for aircraft and aeronautical products. This legislative structure ensures that the Civil Aviation Safety Authority (CASA) can effectively mandate safety measures and maintain the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO). The policy objective of these regulations is to enhance aviation safety by ensuring that all aircraft meet necessary safety standards.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legislative framework under which airworthiness directives (ADs) are issued in Australia. Specifically, 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 authorises CASA to issue ADs for certain kinds of aircraft or aeronautical products. These ADs, which are legislative instruments, are essential for ensuring the continuing airworthiness of aircraft types and individual aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Design, such as the United Kingdom for the Fokker F100 (F28 Mk 100) series aeroplanes, has the primary responsibility for issuing ADs, which CASA must then assess and, if necessary, issue as Australian ADs. This regulatory mechanism ensures that safety standards are uniformly applied and maintained across the Australian aviation industry, directly impacting aircraft manufacturers, operators, and regulatory bodies within Australia.
Key Provisions
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. This regulatory power is grounded in section 98 of the Civil Aviation Act 1988, where the Governor-General may make regulations for the purposes of the Act, particularly to ensure the safety of air navigation. Importantly, subregulation 39.001(5) classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby making it a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. This regulatory framework ensures that ADs are meticulously crafted to maintain the highest safety standards in civil aviation.
The obligations imposed by the ADs on the relevant parties are substantial. The State of Design, typically the manufacturer, bears the primary responsibility for the continuing airworthiness of the aircraft type, as stipulated under Annex 8 to the Convention on International Civil Aviation. This involves providing necessary information to ensure the aircraft's continuing airworthiness, which is then assessed and potentially mandated by the State of Registry—in this case, CASA. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. For ADs issued by the State of Design, such as the European Aviation Safety Agency (EASA) for the Fokker F100 series, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the design state's requirements.
Failure to comply with the directives outlined in an AD can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with airworthiness directives can be subject to penalties, which may include both civil and criminal sanctions. While the specific penalties are not detailed in the provided text, it is known that non-compliance with airworthiness regulations can lead to hefty fines and, in severe cases, imprisonment. These punitive measures are designed to enforce adherence to safety standards and to maintain the integrity and safety of the national airspace.