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 Dutch CAA has issued AD NL-2005-008 affecting Fokker F28 Mk 0070 and 0100 model aircraft. The Netherlands is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/F100/69, which will become effective on 1 September 2005.
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, Airframes in the Manufacturing and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation in Australia. The Act empowers the Governor-General to make regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) through regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Regulations 1998 further clarify that ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuing of ADs is in line with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, must assess foreign ADs and issue corresponding Australian ADs to ensure compliance with international standards. This process ensures that Australia meets its obligations under the Convention on International Civil Aviation while maintaining the safety of air navigation within the country.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Specifically, the Act empowers the Governor-General to make regulations, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments that can be disallowed under the Acts Interpretation Act 1901, and they play a crucial role in maintaining the continuing airworthiness of aircraft as required by Annex 8 to the Convention on International Civil Aviation. The State of Design, such as the Netherlands in the case of Fokker F28 Mk 0070 and 0100 models, has the primary responsibility for issuing ADs, which CASA must then assess and, if necessary, implement as Australian ADs. This process ensures compliance with international standards and obligations, although it does not involve public consultation or require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to enact regulations that align with the Act's objectives and the safety of air navigation. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are legislative instruments under subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, as well as section 6 of the Legislative Instruments Act 2003. This means that they carry the force of law and must be adhered to by the relevant parties.
In terms of obligations, the State of Design, which is the country where the aircraft is designed, has a primary responsibility under Annex 8 to the Convention on International Civil Aviation to ensure the continuing airworthiness of an aircraft type. This includes providing necessary information to the State of Registry, which is the country where the aircraft is registered, to maintain its airworthiness. The State of Registry, in turn, must establish or adopt requirements to ensure the ongoing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD for a type of aircraft on the Australian Register, CASA, as Australia's national airworthiness authority, must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design.
In relation to compliance and enforcement, breaches of ADs can lead to significant consequences. These may include civil penalties for non-compliance with the regulations and potentially criminal penalties for serious violations that result in endangerment. The specific penalties for breaches are determined by the nature and severity of the offence and are stipulated in the relevant sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. It is critical for operators to adhere to ADs to maintain the safety and airworthiness of their aircraft, thereby preventing potential accidents and ensuring compliance with international aviation standards.