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 European EASA issued AD 2008-0088, affecting Fokker F28-0100 aircraft, in 2008. The Netherlands / Europe is the State of Design for Fokker F28 aircraft types. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 1. The amended AD, AD/F100/21 Amendment 1, will become effective on 3 July 2008. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. 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 Section in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive legal framework for ensuring the safety of civil aviation in Australia. This Act empowers the Governor-General to create regulations, including the Civil Aviation Safety Regulations 1998, which in turn provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs). These ADs are legislative instruments aimed at maintaining the continuing airworthiness of aircraft and aeronautical products, thereby addressing safety concerns that may arise from the operation of such vehicles. CASA's role is to issue these directives based on the requirements set forth by the State of Design and to ensure compliance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. This regulatory approach ensures that Australia meets its international obligations while safeguarding the safety of air navigation within its jurisdiction.
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 specified kinds of aircraft or aeronautical products. These ADs serve as legislative instruments, as delineated in section 6 of the Legislative Instruments Act 2003, and are designed to ensure the safety of air navigation in accordance with section 98 of the Civil Aviation Act 1988. The application of these regulations extends nationally, with CASA as the authority responsible for the continuing airworthiness of aircraft registered in Australia. This role is aligned with international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for the airworthiness of an aircraft type, and the State of Registry is tasked with implementing and enforcing the necessary requirements. ADs are issued in response to identified safety issues and are intended to be mandatory for aircraft within the Australian jurisdiction. Although these directives do not require public consultation or a Regulatory Impact Statement, they are crucial in maintaining compliance with international safety standards and ensuring the safe operation of aircraft registered in Australia.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products (Civil Aviation Act 1988, s 98). These directives serve as a means to ensure the safety and airworthiness of aircraft, and as outlined in subregulation 39.001(5), they are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. Furthermore, in accordance with section 6 of the Legislative Instruments Act 2003, ADs are recognised as legislative instruments. This regulatory framework is designed to maintain high safety standards in line with the Convention on International Civil Aviation, particularly under Annex 8, which places the responsibility for the continuing airworthiness of an aircraft type on the State of Design.
The obligations under this Act and the associated regulations are multifaceted. Firstly, the State of Design, which is the country where the aircraft was originally designed, must provide any necessary information to ensure the continuing airworthiness of the aircraft type to the State of Registry. This means that the State of Design must take the lead in identifying and communicating any safety-related issues that could affect the aircraft's airworthiness. Secondly, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. When a State of Design issues an AD, the State of Registry, through CASA in Australia's case, must evaluate the information provided and, if necessary, issue a corresponding AD to mandate the required safety measures.
Failure to comply with the provisions of the Civil Aviation Safety Regulations 1998 or any issued ADs can lead to serious consequences. Infractions of these regulations can result in both civil and criminal penalties. Civil penalties may include fines and other monetary penalties, while criminal penalties can include imprisonment, reflecting the severity of neglecting aviation safety standards. The specific penalties are not detailed in the text, but they are intended to enforce compliance and uphold the high standards of airworthiness mandated by the Act and the associated regulations.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a comprehensive framework for ensuring the safety and airworthiness of aircraft through the issuance of ADs. The State of Design is responsible for providing critical information to the State of Registry, which in turn must implement the necessary safety measures. CASA, acting on behalf of Australia, plays a crucial role in assessing and enforcing these directives to maintain high safety standards in the aviation sector. Non-compliance with these regulations can result in significant civil and criminal penalties, highlighting the importance of adhering to the stipulated requirements.