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 EASA has issued AD 2008-0126 affecting Fokker Aircraft B.V. F28 Mark 0070 and Mark 0100 aircraft. The Netherlands is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/F100/91, which will become effective on 28 August 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and Systems, 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 and efficiency of civil aviation in Australia, addressing the need for comprehensive regulation of air navigation and aircraft operations. The Act empowers the Governor-General to create regulations that safeguard air navigation, with a particular focus on airworthiness as stipulated under section 98. The Civil Aviation Safety Regulations 1998, in turn, provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products as per regulation 39.001. These directives are integral to maintaining the continuing airworthiness of aircraft, aligning with international standards set forth by the Convention on International Civil Aviation. CASA's role is pivotal in assessing and implementing these directives, ensuring they meet the safety requirements established by the State of Design, and ultimately safeguarding Australia's aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides a regulatory framework for the safety of air navigation in Australia, enabling the issuance of airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, thereby extending its application to all aircraft types and aeronautical products registered in Australia. Each AD is a legislative instrument that can be disallowed under section 46A of the Acts Interpretation Act 1901, and it is prepared in accordance with the Legislative Instruments Act 2003. The ADs issued by CASA are in response to the requirements of the State of Design under Annex 8 to the Convention on International Civil Aviation, ensuring that international standards are met. Consequently, when a State of Design, such as the Netherlands for Fokker F28 Mark 0070 and Mark 0100 aircraft, issues an AD, CASA must assess and, if necessary, issue a corresponding Australian AD to enforce the requirements within Australia. Given the international obligations and the nature of ADs, these directives do not require public consultation or a Regulatory Impact Statement. The ADs are issued by CASA, specifically by the Manager, New Technologies and Systems, in the Airworthiness Engineering Branch, in line with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework under which the Civil Aviation Safety Regulations 1998 operate, and allows for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants CASA the authority to issue ADs for certain kinds of aircraft or aeronautical products, in line with the overarching safety requirements set forth in section 98 of the Civil Aviation Act 1988 (section 39.001). Under subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus they constitute legislative instruments as per section 6 of the Legislative Instruments Act 2003 (regulation 39.001(5)).
These ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which in this case is the Netherlands for the Fokker Aircraft B.V. F28 Mark 0070 and Mark 0100 aircraft, is responsible for providing necessary information to ensure the ongoing airworthiness of the aircraft type (Annex 8). Conversely, the State of Registry, in this context, CASA acting on behalf of Australia, must develop or adopt requirements to ensure the continuing airworthiness of registered aircraft and implement the ADs as required (Annex 8).
In the specific case of AD 2008-0126 issued by the European Aviation Safety Agency (EASA) concerning Fokker Aircraft B.V. F28 Mark 0070 and Mark 0100, CASA has assessed the directive and issued Australian AD/F100/91, which will come into effect on 28 August 2008. Because this AD is a direct response to an international obligation and the AD issued by the Netherlands, no consultation with the Australian public was deemed necessary, and the Office of Regulatory Review has confirmed that a Regulatory Impact Statement is not required (Annex 8). This AD was made by the Manager, New Technologies and Systems, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act (subsection 84A(2)).
The Civil Aviation Safety Regulations 1998 impose several obligations on parties and entities they govern. For instance, aircraft operators must comply with ADs issued by CASA, ensuring that any required modifications or inspections are carried out within the specified timeframes. Failure to comply with an AD can lead to serious consequences, including potential grounding of the aircraft, which could halt operations and result in financial losses. Additionally, non-compliance may attract enforcement actions from CASA, which could include fines, prosecution, or other penalties as stipulated by the Civil Aviation Act 1988. The specific penalties for breaches of ADs can vary, but they may include substantial fines and, in severe cases, imprisonment for individuals found guilty of non-compliance (subsection 84A(2)).