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 Civil Aviation Authority of the Netherlands has issued AD NL-2005-014 affecting Rolls Royce TAY engines fitted to Fokker F28 Mk 0070 and 0100 aircraft. The Netherlands is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/F100/75, which will become effective on 16 March 2006.
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, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to establish a comprehensive regulatory framework for civil aviation, aiming to ensure the safety and efficiency of air navigation within Australia. This Act empowers the Governor-General to create regulations that serve the interests of air navigation safety. In line with this, the Civil Aviation Safety Regulations 1998 further delineate the powers and responsibilities of the Civil Aviation Safety Authority (CASA), including the issuance of airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as per regulation 39.001. These ADs are legislative instruments under the Legislative Instruments Act 2003 and are crucial for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, plays a pivotal role in assessing and, when necessary, issuing Australian ADs to comply with international standards and to ensure the safety of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, as supported by the Civil Aviation Safety Regulations 1998, applies to entities involved in the aviation industry, specifically to aircraft operators, manufacturers, and other stakeholders who must adhere to airworthiness standards. Under this legislation, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are instrumental in maintaining the continuing airworthiness of aircraft, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The ADs serve as legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The application of these directives is mandated by the State of Design's responsibility to provide necessary information for continuing airworthiness, which is then adopted or developed by the State of Registry, in this case, Australia. The issuance of Australian ADs, such as AD/F100/75 in response to AD NL-2005-014 from the Netherlands, is a direct consequence of Australia's obligations under international conventions, and these directives do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as described in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are recognised as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. They serve as a mechanism to ensure the continuing airworthiness of aircraft in alignment with international standards.
The State of Design, which is the country where the aircraft type is designed, holds the primary responsibility for the ongoing airworthiness of the aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing all necessary information to the States of Registry to ensure the aircraft's airworthiness. The State of Registry, which is the country where the aircraft is registered, must establish or adopt regulations to guarantee the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, is required to evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design.
In the case of the Civil Aviation Authority of the Netherlands issuing AD NL-2005-014 concerning Rolls Royce TAY engines fitted to Fokker F28 Mk 0070 and 0100 aircraft, the Netherlands, being the State of Design, initiated the directive. CASA has assessed this AD and has issued Australian AD/F100/75, which is set to take effect on 16 March 2006. Given that this AD is issued in response to international obligations under the Convention on International Civil Aviation, and as a direct result of an AD raised by the relevant State of Design, no consultation with the Australian public has occurred regarding this AD. The Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Under the Civil Aviation Safety Regulations 1998, violations of ADs can result in serious consequences. Operators failing to comply with an AD may face enforcement actions, including fines, suspension or revocation of aircraft certificates, or other regulatory penalties. The severity of the penalties is determined by the nature and extent of the non-compliance, and the potential impact on aviation safety. It is imperative for operators to adhere strictly to the mandates of ADs to avoid these adverse outcomes.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a robust framework for ensuring the safety of air navigation in Australia. Through the issuance of ADs, CASA plays a crucial role in maintaining the airworthiness of aircraft registered in Australia, thereby contributing to the overall safety of the national aviation system. Operators must remain vigilant and compliant with all ADs to ensure the safety and integrity of their operations within the Australian aviation environment.