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 has issued AD 2006-0206 affecting Fokker F28 Mk 0070, and 0100 model aircraft. The EASA acts on behalf of the State of Design, the Netherlands, for these types. CASA has assessed this AD and has issued Australian AD/F100/83, which will become effective on 23 November 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 was enacted to establish a framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the industry. The Act empowers the Governor-General to create regulations that serve the interests of air navigation safety. Under section 98 of this Act, the Civil Aviation Safety Regulations 1998 were formulated, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. These ADs are crucial for maintaining the continuing airworthiness of aircraft and are issued in accordance with international standards set by the Convention on International Civil Aviation. CASA, acting as Australia's national airworthiness authority, is obligated to assess and, where necessary, issue Australian ADs in response to those issued by the State of Design, ensuring compliance with international obligations and safety standards.
Scope and Application
The Civil Aviation Act 1988 applies to a wide range of entities and persons involved in civil aviation within Australia, including aircraft manufacturers, operators, maintenance organisations, and pilots, among others. The Act is intended to regulate and ensure the safety of air navigation, and its scope extends to the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that aim to maintain the airworthiness of aircraft and aeronautical products, and they are issued by the Civil Aviation Safety Authority (CASA) in accordance with international standards set by the Convention on International Civil Aviation. The ADs apply to specific kinds of aircraft or aeronautical products, and they may be issued in response to findings or directives from the State of Design or other relevant authorities. It is noteworthy that the issuance of these ADs does not require consultation with the Australian public and does not necessitate a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs are intended to ensure the safety and airworthiness of aircraft operating within Australia, and they are subject to assessment and enforcement by CASA as the national airworthiness authority.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety and airworthiness of aircraft within Australian airspace. Section 98 of the Act empowers the Governor-General to create regulations that serve the interests of safe air navigation. Regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, making it a legislative instrument in accordance with the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations on parties and entities are multifaceted. The State of Design, which is the State responsible for the design of an aircraft, has the primary obligation to ensure the continuing airworthiness of the aircraft type and to provide necessary information to States of Registry. The State of Registry, which is the State where the aircraft is registered, must then develop or adopt requirements to maintain the airworthiness of the aircraft. CASA, as Australia's national airworthiness authority, must assess any international ADs and, if appropriate, issue corresponding Australian ADs to enforce the requirements of the State of Design.
Failure to comply with the provisions of an airworthiness directive can lead to significant consequences. Section 84A of the Act provides that CASA can issue an AD that becomes mandatory for the affected aircraft. Non-compliance with these directives can result in severe penalties, both civil and criminal. Civil penalties may include fines and the potential grounding of non-compliant aircraft. Criminal penalties can also apply, depending on the severity and intent behind the non-compliance. The maximum penalties for non-compliance are not explicitly stated in the provided text, but they can be severe, reflecting the critical importance of airworthiness and safety in aviation.
CASA's issuance of Australian AD/F100/83 in response to EASA's AD 2006-0206 demonstrates the international coordination required to maintain airworthiness standards. The AD pertains to Fokker F28 Mk 0070 and 0100 model aircraft, issued by the European Aviation Safety Agency (EASA) on behalf of the Netherlands, the State of Design. Given that the AD is a direct response to an international obligation under the Convention on International Civil Aviation, and it aligns with international standards, no public consultation was deemed necessary. The Office of Regulatory Review has also determined that such ADs do not require a Regulatory Impact Statement, ensuring a streamlined process for issuing necessary safety directives.