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 2008-0089 affecting Fokker F28-100 model aircraft. EASA acts on behalf of the Netherlands, the State of Design for Fokker F28 aircraft types. CASA has assessed this AD and has issued Australian AD/F100/88, original issue, which will become effective on 3 July 2008.
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, Systems and New Technologies Section in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth of Australia's Parliament, is designed to regulate civil aviation for the purposes of ensuring safety and efficiency in air navigation. The Act provides the legal framework within which the Civil Aviation Safety Regulations 1998 operate, including the issuance of airworthiness directives (ADs) that ensure the continuing airworthiness of aircraft. In this context, ADs are legislative instruments issued under the authority of the Civil Aviation Safety Regulations, and their purpose is to mandate specific requirements to maintain the safety and airworthiness of aircraft, in accordance with international standards and obligations under the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority, responsible for assessing information from the State of Design and, when necessary, issuing Australian ADs to enforce these requirements.
The Civil Aviation (Airworthiness Directives) Legislative Instrument 2008 (F2008L01937) exemplifies this process, as it mandates an Australian AD in response to an AD issued by the European Aviation Safety Authority for Fokker F28-100 model aircraft. This legislative instrument was developed to fulfil Australia's obligations under international civil aviation conventions and to ensure the safety of aircraft registered in Australia. As such, it was issued without public consultation and does not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The instrument was made by the Manager of the Systems and New Technologies Section in CASA's Airworthiness Engineering Branch, in accordance with the Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, as per the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments and can be disallowed under the Acts Interpretation Act 1901. The authority to issue such directives is exercised in line with international standards set out in Annex 8 to the Convention on International Civil Aviation, where the State of Design bears the responsibility for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA for Australia, must then ensure that these international directives are assessed and, if necessary, adopted as Australian ADs. This process ensures compliance with international obligations and maintains safety standards across the aviation industry. Notably, the issuance of ADs is governed by specific regulations and does not require public consultation or a Regulatory Impact Statement, reflecting its technical and safety-focused nature.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 concerning the issuance of airworthiness directives (ADs) are section 98 and regulation 39.001, respectively. Section 98 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and, thus, a legislative instrument under the Legislative Instruments Act 2003.
The obligations imposed by these provisions include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and provide necessary information to States of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case 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 mandate the required airworthiness measures. This ensures that aircraft registered in Australia comply with international safety standards.
Under the Civil Aviation Safety Regulations 1998, any breach of an AD can result in significant consequences. Non-compliance with an AD can lead to civil penalties, including fines. The severity of these penalties can vary based on the nature and extent of the breach, but they are designed to ensure strict adherence to safety regulations. Additionally, failure to comply with an AD can result in criminal charges for the operator or owner of the aircraft, potentially leading to imprisonment, reflecting the serious implications of neglecting airworthiness requirements.
The maximum penalties for breaches of ADs can be substantial. Under section 14 of the Civil Aviation Act 1988, an individual found guilty of an offence can face a fine of up to 60 penalty units, while a body corporate can be fined up to 300 penalty units. In cases of ongoing or repeated non-compliance, the penalties can be significantly higher, reflecting the serious nature of the offence. Furthermore, serious breaches can lead to criminal prosecution, with potential imprisonment for directors or officers of the body corporate involved. These stringent penalties underscore the importance of adhering to airworthiness directives to maintain the safety of air navigation.