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 2007-0122 affecting Fokker F28 Mk 0100 aircraft. EASA is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/F100/84 which will become effective on 5 July 2007.
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 to ensure the safety and efficiency of civil aviation in Australia, empowers the Governor-General to make regulations in the interest of air navigation safety. Specifically, under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and must align with the international obligations under the Convention on International Civil Aviation. In this context, CASA issued Australian AD/F100/84 in response to an AD issued by the European Aviation Safety Agency (EASA) concerning Fokker F28 Mk 0100 aircraft. This action is taken to ensure compliance with Australia's international obligations and to maintain the continuing airworthiness of aircraft registered in Australia, as mandated by Annex 8 of the Convention.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). These regulations allow CASA to issue ADs for specific kinds of aircraft or aeronautical products to ensure compliance with safety standards. Under this legislative framework, CASA has the authority to issue ADs in response to airworthiness issues identified by the State of Design, such as the European Aviation Safety Agency (EASA) in the case of Fokker F28 Mk 0100 aircraft. The ADs issued by CASA are binding and must be complied with by all relevant entities, including aircraft operators and owners within Australia. While these directives are made in accordance with international obligations under the Convention on International Civil Aviation and do not require public consultation, they do undergo review to ensure they meet the safety standards necessary for air navigation in Australia.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations necessary for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. It is noteworthy that, as per subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, therefore, a legislative instrument according to section 6 of the Legislative Instruments Act 2003. The ADs serve as a fundamental tool for ensuring the continuing airworthiness of aircraft types, aligning with the requirements set forth in Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the airworthiness of an aircraft type.
The obligations imposed by these legislative provisions are multifaceted and pertain to both the State of Design and the State of Registry. The State of Design, such as the European Aviation Safety Agency (EASA) in this case, is responsible for issuing ADs when necessary to maintain the airworthiness of a particular aircraft type. Correspondingly, the State of Registry, in this instance CASA as Australia’s national airworthiness authority, must review any ADs issued by the State of Design and, if appropriate, translate these into Australian ADs that apply to aircraft registered within Australia. This ensures that all aircraft operating in Australian airspace meet the necessary safety standards and regulatory requirements.
The breach of any airworthiness directive can lead to significant consequences. Failure to comply with an AD can result in the grounding of affected aircraft, which may severely disrupt operations for airlines and other aviation stakeholders. Additionally, non-compliance can lead to civil or criminal penalties, including fines and imprisonment, as stipulated by the Civil Aviation Act 1988. The specific penalties for breaches of ADs can vary, but they are designed to ensure strict adherence to the safety standards mandated by these regulations. For instance, non-compliance with an AD could result in penalties up to several thousand dollars, as well as potential imprisonment terms, depending on the severity of the breach and its impact on aviation safety.
Overall, the ADs serve as a critical mechanism for maintaining the safety and airworthiness of aircraft within the Australian aviation sector. By ensuring that aircraft meet stringent safety standards, these regulations help protect passengers, crew, and the general public from potential hazards associated with aviation operations. The legislative framework provided by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 ensures that CASA and other relevant authorities can effectively manage and enforce these critical safety measures.