AD/F100/86 - Flight Controls - Horizontal Stabilizer Control Unit

Overview

The Civil Aviation Act 1988, enacted by the Parliament of Australia, was established to regulate civil aviation in the nation, particularly focusing on the safety of air navigation. This Act provides the legislative framework for the regulation of airworthiness, and under section 98, the Governor-General may make regulations to ensure the safety of air navigation. One such regulation is the issuance of airworthiness directives, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue these directives for kinds of aircraft or aeronautical products. The objective of these directives is to maintain and ensure the continuing airworthiness of aircraft, as required by international conventions such as Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is responsible for assessing and issuing Australian airworthiness directives when necessary, to align with the requirements set by the relevant State of Design, such as the European Aviation Safety Authority in the case of certain Fokker aircraft models.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are issued to ensure the continuing airworthiness of aircraft, adhering to international standards set by the Convention on International Civil Aviation. The State of Design holds primary responsibility for ensuring the airworthiness of an aircraft type, and must provide necessary information to the States of Registry, who then implement these requirements within their jurisdictions. In Australia, CASA, as the national airworthiness authority, assesses information from States of Design and, if necessary, issues corresponding ADs to enforce these requirements on aircraft registered in Australia. For example, in response to an AD issued by the European Aviation Safety Authority (EASA) for Fokker F28 Mk 0100 model aircraft, CASA has issued Australian AD/F100/86, effective from 17 January 2008. This AD is issued under Australia’s obligations under the Convention on International Civil Aviation and does not require consultation with the Australian public, nor does it necessitate a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD is made by authorised CASA personnel in accordance with the Civil Aviation Act 1988.

Key Provisions

The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is exercised under section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the Act's purposes, particularly in the interests of air navigation safety. Regulation 39.001(5) explicitly states that an AD is a disallowable instrument, and thus a legislative instrument under section 6 of the Legislative Instruments Act 2003. The ADs are aligned with Annex 8 of the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information for the continuing airworthiness of aircraft types to the States of Registry. In accordance with these regulations, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must furnish any required information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. For instance, when the European Aviation Safety Authority (EASA), acting on behalf of the Netherlands as the State of Design, issued AD 2007-0287 concerning Fokker F28 Mk 0100 model aircraft, CASA, as Australia’s national airworthiness authority, assessed this information and subsequently issued Australian AD/F100/86. This AD, effective from 17 January 2008, mandates compliance with the requirements set forth by the State of Design. Under the Civil Aviation Safety Regulations 1998, the obligations imposed on parties and entities governed by the Act include adherence to the ADs issued by CASA. These directives are critical for maintaining the safety standards and continuing airworthiness of aircraft registered in Australia. Compliance with ADs is mandatory, and failure to adhere to these requirements can lead to significant safety risks. CASA’s role in issuing ADs is driven by international obligations and the necessity to ensure that Australian-registered aircraft meet international safety standards. Breaching the requirements of an airworthiness directive can result in severe consequences. The Act does not explicitly outline specific offences or penalties within the text provided; however, non-compliance with ADs can lead to enforcement actions by CASA, including fines, suspension or revocation of airworthiness certificates, and potential criminal charges for more severe violations. The exact penalties would be determined based on the nature and severity of the breach, as outlined in the Civil Aviation Act 1988 and other relevant legislation. The seriousness of airworthiness issues necessitates strict adherence to ADs to prevent accidents and maintain the high safety standards of the aviation industry.