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 Netherlands CAA has issued AD NL-2006-004 affecting Fokker F28 Mark 070 and 0100 model aircraft. The Netherlands is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/F100/78, which will become effective on 11 May 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, Airframes 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 was enacted to provide a legislative framework for civil aviation safety in Australia, addressing the need for comprehensive regulation to ensure the safety of air navigation and operations. This Act empowers the Governor-General to make regulations for the safety of air navigation, and it delegates the authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are crucial for maintaining the continuing airworthiness of aircraft, ensuring compliance with international standards set forth by the International Civil Aviation Organization (ICAO). The policy objective underpinning these regulations is to uphold the highest safety standards in civil aviation, aligning with Australia’s international obligations and ensuring the safety and efficiency of air navigation.
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) concerning specific kinds of aircraft or aeronautical products. These directives serve to ensure compliance with safety standards as stipulated under the Civil Aviation Act 1988. Airworthiness directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The ADs are integral to maintaining continuing airworthiness as per Annex 8 of the Convention on International Civil Aviation, with the State of Design holding primary responsibility for the airworthiness of an aircraft type. For aircraft registered in Australia, CASA, acting as the national airworthiness authority, is mandated to assess and issue corresponding Australian ADs when necessary. In the instance of AD NL-2006-004 issued by the Netherlands concerning Fokker F28 Mark 070 and 0100 models, CASA issued AD/F100/78 in alignment with international obligations, without public consultation. This directive, issued under the authority granted by the Civil Aviation Act 1988, exemplifies the jurisdictional reach and regulatory function of CASA in ensuring aviation safety in Australia.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to create regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument, meaning it can be disallowed by either house of Parliament. Furthermore, under section 6 of the Legislative Instruments Act 2003, an AD is recognised as a legislative instrument.
The obligations imposed by these provisions are significant for both CASA and the States of Design and Registry. The State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation, is tasked with ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the 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, CASA must assess this information and, if appropriate, issue a corresponding Australian AD. This ensures that the airworthiness standards mandated by the State of Design are enforced within Australia. The Netherlands Civil Aviation Authority's AD NL-2006-004 affecting Fokker F28 Mark 070 and 0100 models is an example where CASA has issued Australian AD/F100/78, reflecting these obligations.
Failing to comply with an airworthiness directive can result in serious legal consequences. Under section 134 of the Civil Aviation Act 1988, any person who contravenes a regulation, including an AD, commits an offence. The penalties for such an offence can be severe, including fines up to $162,000 for individuals and significantly higher for corporations, as well as potential imprisonment. Additionally, CASA has the authority to take enforcement actions, such as grounding non-compliant aircraft, which can have severe operational and financial repercussions for operators. The seriousness of these penalties underscores the importance of adhering to airworthiness directives to maintain safety standards in aviation.