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 2007-0228 affecting Fokker F28 Mk 100 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, which will become effective on 25 October 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Engines in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation and to establish the framework for regulating civil aviation in Australia. The Act provides the authority for the Civil Aviation Safety Regulations 1998, which were established to maintain the safety standards in the aviation sector. One of the key mechanisms provided by these regulations is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as mandated under regulation 39.001. These directives are designed to ensure that aircraft and aeronautical products meet the necessary safety standards, and they are considered legislative instruments under the Legislative Instruments Act 2003. The Civil Aviation Act 1988 and its associated regulations address the need for consistent and stringent safety measures in civil aviation, ensuring that Australia complies with international standards set by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, established under the Civil Aviation Act 1988, mandate the issue of airworthiness directives (ADs) to ensure the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, with these directives serving as legislative instruments under the Acts Interpretation Act 1901. The issuing of these directives aligns with international standards set out in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types and requires States of Registry to adopt requirements to maintain airworthiness. In response to an AD issued by the European Aviation Safety Authority (EASA) for the Fokker F28 Mk 100 model, CASA has issued its own AD, effective from 25 October 2007. This action underscores Australia’s commitment to international aviation safety standards and its obligation under the Convention on International Civil Aviation. Given the nature of ADs, they do not require public consultation or a Regulatory Impact Statement, and are made by authorised personnel within CASA in line with the Civil Aviation Act 1988.
Key Provisions
The main operative sections of this legislation concern the authority of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft and aeronautical products under section 39.001 of the Civil Aviation Safety Regulations 1998. Section 98 of the Civil Aviation Act 1988 grants the Governor-General the power to make regulations for the safety of air navigation, which includes the issuance of ADs by CASA. An AD is a legislative instrument as defined under the Legislative Instruments Act 2003. This means that CASA can mandate specific requirements for the continuing airworthiness of certain aircraft types based on assessments and information provided by the aircraft's State of Design. When CASA issues an Australian AD, it is doing so in compliance with Australia's obligations under international civil aviation conventions and in response to directives issued by the relevant State of Design.
The obligations and requirements imposed by the Act on the parties it governs include the responsibility of the State of Design to provide necessary information to ensure the continuing airworthiness of aircraft types. Under Annex 8 to the Convention on International Civil Aviation, the State of Design must take overall responsibility for the continuing airworthiness of an aircraft type and provide any information required to the States of Registry. In turn, the State of Registry, which in this context is Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia’s national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the required safety measures.
Failure to comply with an airworthiness directive can lead to serious consequences. Under the Civil Aviation Act 1988, operating an aircraft that does not comply with an AD can result in civil penalties, including fines of up to $22,200 for individuals and $111,000 for corporations, as well as potential criminal charges. These penalties are intended to enforce compliance with airworthiness requirements and ensure the safety of air navigation. Additionally, CASA can take enforcement actions, including grounding non-compliant aircraft and pursuing legal action against those who fail to adhere to the mandated safety measures.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower CASA to issue ADs to ensure the continuing airworthiness of aircraft registered in Australia. These ADs are issued in compliance with international obligations and in response to directives from the aircraft's State of Design. The Act imposes clear obligations on CASA to assess and enforce these directives, with significant civil and criminal penalties for non-compliance. The regulatory process ensures that safety standards are maintained, thereby protecting the public and promoting safe air navigation practices.