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 EASA issued 2008-0090, affecting Fokker F28 Mk 0070 aircraft, in 2008. EASA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to remove F28 Mk 100 aeroplanes from the applicability as the AD requirement for this aeroplane type has been superseded by CASA AD/F100/89. The amended AD, AD/F100/30 Amendment 1, will become effective on 25 August 2011. 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 Regulatory Review 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 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations under section 98, which are intended to serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, thereby establishing a framework for maintaining the continuing airworthiness of aircraft registered in Australia. The policy objective is to ensure that all aircraft meet safety standards consistent with international obligations, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901. CASA, as Australia's national airworthiness authority, assesses information from States of Design and issues corresponding ADs as necessary to comply with international standards and to ensure the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products to ensure the safety of air navigation. These directives, which are legislative instruments under the Legislative Instruments Act 2003, are issued in accordance with Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry, who in turn must ensure the continuing airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, assesses information from the State of Design and issues Australian ADs to enforce these requirements. In the case of the Fokker F28 Mk 0070 aircraft, following the issuance of an AD by the European Aviation Safety Agency (EASA) in 2008, CASA amended the equivalent Australian AD to exclude F28 Mk 100 aeroplanes, as their requirements have been superseded by another CASA AD. This amendment, AD/F100/30 Amendment 1, is set to take effect on 25 August 2011, cancelling and replacing the previous directive. Given that this AD is issued in response to international obligations and is not subject to public consultation or a Regulatory Impact Statement, it is enacted by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94(1) of the Civil Aviation Act 1988.
Key Provisions
The key provisions of this regulation under the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 include the authority for the Governor-General to create regulations for air navigation safety (section 98), and the ability of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (regulation 39.001). An AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and a legislative instrument under section 6 of the Legislative Instruments Act 2003 (subregulation 39.001(5)). The AD in question, AD/F100/30 Amendment 1, pertains to Fokker F28 Mk 0070 aircraft and has been issued in response to a European Union Aviation Safety Agency (EASA) directive, reflecting Australia's commitments under the Convention on International Civil Aviation.
The obligations and requirements imposed by this Act and its regulations include ensuring that the State of Design, in this case EASA, provides necessary information for the continuing airworthiness of the aircraft type. CASA, as Australia's national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This particular AD mandates the removal of F28 Mk 100 aeroplanes from the scope of the Australian AD, as their requirements have been superseded by CASA AD/F100/89. The AD will become effective on 25 August 2011 and will replace the previous issue.
In terms of potential consequences for non-compliance, the regulation does not explicitly outline specific offences, penalties, or consequences. However, failure to comply with ADs could lead to enforcement actions by CASA, which may include grounding the aircraft, imposing fines, or taking legal action against the aircraft owner or operator. While the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, the issuance of this AD follows the process outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The AD has been made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94(1) of the Act.