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 Aviation Safety Authority (EASA) has issued AD 2008-0079 affecting Fokker F28 Mk 0100 and Mk 0070 model aircraft. EASA acts on behalf of State, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/F100/73, Amendment 1, which 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, Airframes 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 provide a legislative framework for the regulation of civil aviation in Australia, focusing primarily on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations aimed at enhancing aviation safety, and under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The authority to issue ADs in Australia stems from the State of Design’s responsibility to ensure the ongoing airworthiness of aircraft types, which CASA then enforces within the Australian context. This legislative framework ensures that Australian aviation standards are consistent with international obligations and effectively managed by CASA.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, as amended, under the authority of the Civil Aviation Act 1988, provide the framework for issuing airworthiness directives (ADs) in Australia. These regulations apply to all aircraft registered in Australia, irrespective of the location of their operation, and mandate that the State of Registry, represented by the Civil Aviation Safety Authority (CASA), ensures the continuing airworthiness of these aircraft. The ADs are issued in response to identified safety concerns and are binding upon the owners and operators of the affected aircraft. The ADs are legislative instruments that must be assessed and issued by CASA in alignment with the requirements set out by the State of Design, such as the European Aviation Safety Authority (EASA) in the case of Fokker F28 Mk 0100 and Mk 0070 model aircraft. These directives do not require consultation with the Australian public or a Regulatory Impact Statement as they are issued in accordance with international aviation safety obligations under the Convention on International Civil Aviation. The issuance of ADs is a critical mechanism for maintaining and enforcing safety standards across the Australian civil aviation sector.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide for the issuance of airworthiness directives (ADs) as a legislative instrument (sections 98, 39.001 and 39.001(5)). Section 98 of the Act allows the Governor-General to make regulations for air navigation safety, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) specifies that ADs are disallowable instruments under the Acts Interpretation Act 1901, and thus are legislative instruments in accordance with the Legislative Instruments Act 2003.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose obligations on CASA and the State of Registry to ensure the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the appropriate States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, the State of Registry, in this case CASA, must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
In the case of the AD issued by CASA (AD/F100/73, Amendment 1), there are several offences, penalties, or civil/criminal consequences for non-compliance. Section 44 of the Civil Aviation Act 1988 prohibits the operation of an aircraft that does not comply with ADs. Failure to comply with an AD can result in fines, imprisonment, or both. The maximum penalties for non-compliance with ADs are outlined in the Civil Aviation (Penalties and Miscellaneous) Regulations 1995, which prescribe a fine of up to $33,000 for individuals and $165,000 for corporations, along with potential imprisonment for up to two years for serious non-compliance.
In conclusion, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives by CASA to ensure the safety of air navigation. The obligations of CASA and the State of Registry to ensure the continuing airworthiness of aircraft are clearly defined, and there are serious consequences for non-compliance with ADs, including fines and imprisonment.