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 European Aviation Safety Authority (EASA) has issued AD 2009-0032 affecting Fokker F28 Mark 0070 and Mark 0100 model aircraft. EASA acts on behalf of The Netherlands, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/F100/85, Amendment 1, which will become effective on 7 May 2009. 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, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to ensure the safety of air navigation, empowers the Governor-General to make regulations that are crucial for maintaining the safety of air navigation. This legislative framework is complemented by the Civil Aviation Safety Regulations 1998, which, through regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are vital for maintaining the continuing airworthiness of aircraft and are aligned with international standards set by the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, has the responsibility to assess and implement such directives when issued by the State of Design, ensuring compliance with international obligations and safety standards. The issuing of ADs, including those in response to directives from other contracting states such as the European Aviation Safety Authority, is conducted under the legislative authority outlined in the Act, ensuring that these measures are enacted efficiently and effectively.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively establish the framework for the issuance of airworthiness directives (ADs) in Australia, as well as their scope and application. The Act empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003. The ADs apply to the entities responsible for the continuing airworthiness of aircraft types, including the State of Design and the State of Registry, as outlined in Annex 8 of the Convention on International Civil Aviation. In the case of aircraft designed in another ICAO Contracting State, CASA, as Australia’s national airworthiness authority, must assess and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. For instance, CASA has issued Australian AD/F100/85, Amendment 1, in response to EASA’s AD 2009-0032 concerning Fokker F28 Mark 0070 and Mark 0100 model aircraft. This process is conducted under Australia's obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, outlines the framework for the issuance and management of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) may issue ADs for certain kinds of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003. This means that ADs hold the same legal standing as formal legislative instruments.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to meticulously assess any AD issued by the State of Design, which in this case is The Netherlands for the Fokker F28 Mark 0070 and Mark 0100 model aircraft. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. CASA must evaluate the information provided by the State of Design and, if necessary, issue an Australian AD to ensure that the requirements of the State of Design are implemented within Australia. The State of Registry, which is Australia in this context, is also obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft, as mandated by Annex 8.
Failure to comply with an AD can lead to significant consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD commits an offence and may be subject to penalties. The specific penalties for breaches can vary, but they may include fines and other sanctions as determined by the courts. The seriousness of the breach and the potential risk to aviation safety will influence the severity of the penalty imposed. Additionally, non-compliance with ADs can result in the grounding of aircraft, which can have substantial operational and financial repercussions for airlines and aircraft operators.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a robust framework for the issuance and enforcement of ADs, ensuring that aircraft continue to meet safety standards. CASA’s role in assessing and issuing ADs is crucial to maintaining the high safety standards required in Australian aviation. Compliance with ADs is mandatory, and breaches can lead to significant legal and operational consequences for those involved.