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 2008-0193 affecting Fokker F28 series aircraft. The Netherlands is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/F100/92, which will become effective on 18 December 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, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves as a foundational piece of legislation aimed at ensuring the safety and efficiency of civil aviation within Australia. It provides the legal framework for the regulation of civil aviation activities, with a strong emphasis on safety and efficiency. Under the authority granted by this Act, the Civil Aviation Safety Regulations 1998 were subsequently established to provide further detail and operational rules. One particular aspect of these regulations is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to address safety issues that may arise with specific aircraft or aeronautical products. This legislation was introduced to address the need for a robust and internationally compliant system for maintaining the continuing airworthiness of aircraft, in line with international standards set by the International Civil Aviation Organization (ICAO). The policy objective is to ensure that all aircraft operating in Australian airspace meet stringent safety standards, thereby protecting the public and maintaining high safety standards in line with international obligations.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, encompasses provisions for issuing airworthiness directives (ADs) 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 ADs for specified types of aircraft or aeronautical products. These ADs are legislated under the Acts Interpretation Act 1901 and are considered disallowable instruments. They also qualify as legislative instruments under the Legislative Instruments Act 2003. The issuance of ADs is in alignment with Annex 8 of the Convention on International Civil Aviation, which stipulates that the State of Design bears the responsibility for the continuing airworthiness of an aircraft type, and must furnish any necessary information to ensure this airworthiness to relevant States of Registry. Consequently, the State of Registry, in this case CASA as Australia's national airworthiness authority, must assess such information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. The AD in question, Australian AD/F100/92, pertains to Fokker F28 series aircraft and is a response to AD 2008-0193 issued by the European Aviation Safety Agency (EASA), with the Netherlands as the State of Design. This AD will take effect on 18 December 2008.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are crucial for ensuring the continuing safety and airworthiness of aircraft as stipulated under section 98 of the Civil Aviation Act 1988. In accordance with subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus making it a legislative instrument as defined by section 6 of the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, specifically Annex 8, the State of Design bears the primary responsibility for the continuing airworthiness of an aircraft type. This entails providing necessary information to the States of Registry to maintain airworthiness. Correspondingly, the State of Registry must establish or adopt regulations to ensure the airworthiness of individual aircraft registered within its jurisdiction. When a State of Design issues an AD, such as the AD 2008-0193 by the European Aviation Safety Agency (EASA) for Fokker F28 series aircraft, CASA, as Australia’s national airworthiness authority, is obligated to evaluate the information and, if deemed appropriate, issue an Australian AD to enforce the requirements stipulated by the State of Design. This is reflected in the issuance of Australian AD/F100/92, which became effective on 18 December 2008.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and the State of Registry include a thorough evaluation of the AD issued by the State of Design, followed by the issuance of a corresponding Australian AD if necessary. This ensures compliance with international standards and the maintenance of airworthiness for aircraft registered in Australia. The process is designed to adhere to the stipulations of the Convention on International Civil Aviation, thereby fulfilling Australia’s international obligations.
The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 do not explicitly detail specific offences or penalties for non-compliance with airworthiness directives. However, the failure to adhere to these directives could potentially lead to severe civil or criminal consequences under broader aviation safety laws. Non-compliance with ADs could result in the grounding of aircraft, fines, and other regulatory actions under the Civil Aviation Act 1988. Given that ADs are integral to maintaining the safety and airworthiness of aircraft, non-compliance is taken seriously and may lead to significant repercussions for both operators and manufacturers.