AD/F100/91 Amdt 1 - Fuel System - Crossfeed Valve Actuator

Overview

The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, addressing the need for comprehensive and effective aviation safety legislation. The Act empowers the Governor-General to make regulations in the interests of the safety of air navigation, with the Civil Aviation Safety Regulations 1998 further detailing the mechanisms for ensuring airworthiness. Specifically, under section 98 of the Act, and regulation 39.001 of the accompanying Regulations, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. The objective of these directives is to ensure the continuing airworthiness of aircraft, thereby enhancing aviation safety both domestically and in accordance with international standards as set out in the Convention on International Civil Aviation. The ADs are legislative instruments, subject to disallowance, and are issued by CASA in response to directives from the relevant State of Design, reflecting Australia’s commitment to international aviation safety standards.

Scope and Application

The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that mandate safety requirements for specific types of aircraft or aeronautical products. These regulations apply to all aircraft registered in Australia, and thus to the operators and owners of such aircraft. The geographic reach of this legislation is national, applying across all states and territories of Australia. ADs serve to ensure the continuing airworthiness of aircraft and are issued in response to international obligations under the Convention on International Civil Aviation, which places responsibility on the State of Design for the airworthiness of an aircraft type and on the State of Registry for the airworthiness of individual aircraft. Given the international nature of aviation, ADs are issued by various contracting states, including Australia, to maintain consistent safety standards globally. This AD, in particular, addresses Fokker F28 Mk 070 and Mk 100 aircraft, issued in response to an AD from the European Aviation Safety Agency (EASA) concerning the Netherlands as the State of Design. The AD is a legislative instrument subject to disallowance and is issued in accordance with the legislative framework provided by the Civil Aviation Act 1988 and the Legislative Instruments Act 2003. No public consultation has been conducted for this AD as it is a direct response to international obligations and requirements.

Key Provisions

The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to create regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and thus is a legislative instrument as defined in section 6 of the Legislative Instruments Act 2003. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for the ongoing airworthiness of an aircraft type and must provide necessary information to ensure this to the relevant States of Registry. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of aircraft. In cases where a State of Design issues an AD for a type of aircraft registered in Australia, CASA must review the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. The obligations imposed by these regulations require the State of Design to ensure the airworthiness of an aircraft type and communicate this to the States of Registry. The State of Registry, in turn, must implement or adopt requirements to maintain the airworthiness of the aircraft. For CASA, the obligation is to assess the ADs issued by the State of Design and, where appropriate, issue corresponding Australian ADs. This process ensures that all aircraft in Australia meet the necessary safety standards as dictated by international agreements and national regulations. The EASA's AD 2009-0116, which affects Fokker F28 Mk 070 and Mk 100 aircraft, exemplifies this process. The Netherlands, as the State of Design, issued this AD, which CASA then amended to AD/F100/91 Amendment 1, effective from 30 July 2009. Given the nature of this AD and its basis in international obligations, no public consultation was required, and the Office of Regulatory Review determined that a Regulatory Impact Statement was unnecessary. In terms of potential breaches and their consequences, the Civil Aviation Safety Regulations 1998 do not explicitly state specific offences, penalties, or consequences for non-compliance with ADs. However, general provisions in the Civil Aviation Act 1988 and associated regulations could impose penalties for non-compliance with airworthiness directives. Non-compliance with ADs can lead to serious safety risks, potentially resulting in enforcement actions, fines, or other civil or criminal penalties as deemed appropriate by CASA or other relevant authorities. The precise penalties would depend on the nature and severity of the non-compliance and could include substantial fines, suspension or revocation of aircraft certificates, or other regulatory actions to ensure compliance and uphold aviation safety standards.