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 2009-0008 affecting Fokker F28 Mk 0070 and Mk 0100 model aircraft. The EASA acts on behalf of The Netherlands, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/F100/93, which will become effective on 12 March 2009.
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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 is the primary legislation governing civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. Enacted by the Australian Parliament, the Act provides the regulatory framework for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are essential for maintaining the continuing airworthiness of aircraft types registered in Australia and align with international standards set by the Convention on International Civil Aviation, particularly through Annex 8. The policy objective of the Act is to ensure the safety of air navigation by mandating CASA to issue ADs when required by the State of Design or as a response to international obligations, thereby fulfilling Australia's responsibilities under the Convention.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) empowered to issue such directives under regulation 39.001. These ADs apply to specific kinds of aircraft or aeronautical products, ensuring compliance with continuing airworthiness standards as set out by the State of Design and adopted by the State of Registry, in this case, Australia. The ADs serve as legislative instruments and are issued to maintain the safety standards required under international conventions, specifically Annex 8 to the Convention on International Civil Aviation. This directive applies to the Fokker F28 Mk 0070 and Mk 0100 model aircraft, and mandates adherence to safety requirements established by the European Aviation Safety Authority (EASA) on behalf of The Netherlands, the State of Design. CASA has the responsibility to assess and issue Australian ADs in response to international directives to ensure consistency with international airworthiness standards. The issuance of such directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to create regulations that ensure the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). An AD, as defined under subregulation 39.001(5), is a disallowable instrument and thus a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. These directives are crucial for maintaining the continuing airworthiness of aircraft and aeronautical products as mandated by Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to act as Australia's national airworthiness authority. When the State of Design, which is responsible for the continuing airworthiness of an aircraft type, issues an AD, CASA must assess this information. If appropriate, CASA must issue an Australian AD to ensure that the requirements of the State of Design are met. Additionally, the State of Registry, which is the state responsible for the individual aircraft's continuing airworthiness, must develop or adopt requirements to maintain this airworthiness in line with Annex 8.
Failing to comply with an AD can lead to significant consequences. Under the Civil Aviation Act 1988, violations may result in both civil and criminal penalties. The severity of the penalties can vary depending on the nature and extent of the breach. For example, operating an aircraft in violation of an AD may lead to fines or imprisonment, as stipulated by the specific provisions of the Act and related regulations. CASA has the authority to enforce these penalties to ensure compliance with airworthiness directives and to maintain the highest safety standards in air navigation.