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 2008-0090 affecting Fokker F28 Mk 0100 and 0070 model aircraft. The EASA acts on behalf of The Netherlands, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/F100/89, which will become effective on 31 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 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 in Australia. In alignment with this objective, the Governor-General, under section 98 of the Act, has the authority to create regulations that serve the interests of aviation safety. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products, ensuring they meet the necessary safety standards. These directives are legislative instruments, as outlined in the Legislative Instruments Act 2003. The issuing of ADs is further governed by Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, assesses and, when necessary, issues Australian ADs in response to directives from the relevant State of Design, thereby upholding international safety standards and obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to kinds of aircraft or aeronautical products in Australia, thereby ensuring the safety of air navigation in line with the Civil Aviation Act 1988. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, mandate specific requirements for maintaining the airworthiness of aircraft registered in Australia. Such ADs are issued in response to obligations under international agreements, such as 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 measures to ensure airworthiness. CASA, as Australia’s national airworthiness authority, is obligated to issue corresponding Australian ADs when a State of Design issues an AD affecting aircraft registered in Australia, as demonstrated by CASA’s issuance of AD/F100/89 in response to EASA’s AD 2008-0090 concerning Fokker F28 Mk 0100 and 0070 model aircraft. This process ensures compliance with international standards and Australian regulations, although it does not involve public consultation or require a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the safety of air navigation, with particular focus on the airworthiness of aircraft and aeronautical products. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Regulations further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument. This means that ADs hold legal weight and must be complied with by relevant parties.
The obligations imposed by these provisions on the parties they govern are significant. The State of Design, such as The Netherlands for Fokker F28 Mk 0100 and 0070 model aircraft, holds overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry to ensure safety. States of Registry, such as Australia, must develop or adopt requirements to maintain the airworthiness of aircraft within their jurisdiction. In this context, CASA, as Australia's national airworthiness authority, must evaluate information from the State of Design, such as the AD issued by the European Aviation Safety Authority (EASA), and, if necessary, issue corresponding Australian ADs. The issuance of AD/F100/89 by CASA in response to EASA’s AD 2008-0090 exemplifies this obligation.
Failure to comply with airworthiness directives can lead to serious consequences. While specific offences and penalties are not detailed within the provided text, the Civil Aviation Act 1988 and associated regulations likely impose both civil and criminal penalties for non-compliance. Civil penalties may include fines, while criminal penalties could involve imprisonment, reflecting the critical nature of ensuring airworthiness to maintain public safety. The severity of these penalties underscores the importance of adhering to ADs issued by CASA and other relevant authorities.