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 AD 2007-0229 affecting F100 model aircraft. The EASA is the State of Design for this type. CASA has amended the equivalent Australian AD to AD/F100/82 Amendment 1 which will become effective on 25 October 2007. 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, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, addresses the need for regulations in the interests of air navigation safety. One key component of this Act is the ability for the Governor-General to make regulations that support the Act, with the Civil Aviation Safety Regulations 1998 detailing specific requirements. Under this framework, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for types of aircraft or aeronautical products, ensuring that aircraft remain in a safe condition for operation. These ADs are legislative instruments, subject to disallowance and the Legislative Instruments Act 2003. In alignment with international obligations under the Convention on International Civil Aviation, the State of Design holds responsibility for an aircraft type's continuing airworthiness, and CASA must act accordingly when such directives are issued, thereby ensuring that Australian aviation standards remain consistent with international safety requirements.
Scope and Application
The Civil Aviation Act 1988 applies to all aspects of civil aviation within Australia and its territories, providing the legal framework for safety, efficiency, and regulation of civil aviation. Specifically, under section 98 of the Act, the Governor-General has the authority to make regulations, including the issuance of airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998, which are intended to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. This legislation applies to the State of Registry of aircraft within Australia and ensures compliance with international standards set by the Convention on International Civil Aviation, particularly through Annex 8, which outlines the responsibilities of the State of Design and the State of Registry in maintaining aircraft airworthiness. The ADs issued by CASA are specific to aircraft registered in Australia and are a direct response to international directives, such as the AD 2007-0229 issued by the European Union Aviation Safety Agency (EASA) for the F100 model aircraft, necessitating the amendment of the equivalent Australian AD to AD/F100/82 Amendment 1.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to create regulations that enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. As per subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument according to section 6 of the Legislative Instruments Act 2003. The issuance of ADs is a critical component of maintaining the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which in this case is the European Aviation Safety Agency (EASA) for the F100 model aircraft, bears the responsibility for ensuring the continuing airworthiness of the aircraft type and must provide necessary information to States of Registry.
The obligations imposed by this AD require CASA, as Australia’s national airworthiness authority, to evaluate any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce the requirements stipulated by the State of Design. This ensures that all F100 model aircraft registered in Australia comply with the safety standards set by the EASA. Furthermore, the State of Registry, which is Australia in this scenario, must ensure that the aircraft under its registry maintain their airworthiness in accordance with the developed or adopted requirements. This includes implementing the directives issued by CASA to ensure compliance with the continuing airworthiness standards.
Breaches of the requirements set forth in these airworthiness directives may result in serious civil or criminal consequences. While the specific penalties are not detailed in the provided text, it is clear that non-compliance with airworthiness directives could potentially lead to enforcement actions under the Civil Aviation Act 1988. Such actions could include fines, suspension or revocation of airworthiness certificates, and other regulatory measures designed to enforce compliance and ensure the safety of air navigation. The consequences of failing to adhere to these directives can be severe, impacting both the operational viability of the aircraft and the safety of those involved in air travel.