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 2009-0026 affecting Fokker F28 Mk 0070 and 0100 model aircraft. EASA acts on behalf of The Netherlands, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/F100/94, which will become effective on 9 April 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, Airframes & Structures in the Airworthiness Engineering Group, 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 regulatory frameworks governing aircraft operations and airworthiness. Under this Act, the Governor-General has the authority to issue regulations, including airworthiness directives, in the interests of aviation safety. The Civil Aviation Safety Regulations 1998 further detail the mechanisms through which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives for specific aircraft types or aeronautical products, aligning with international standards such as those outlined in Annex 8 of the Convention on International Civil Aviation. This legislation aims to maintain the continuing airworthiness of aircraft registered in Australia by mandating compliance with directives issued by the relevant State of Design, such as the European Aviation Safety Authority (EASA) in the case of Fokker F28 models. Given the international nature of airworthiness requirements, the process does not necessitate public consultation or a Regulatory Impact Statement. Instead, CASA issues these directives based on assessments of the directives issued by the State of Design, ensuring Australian aviation standards are met.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework for ensuring the safety of air navigation in Australia. Specifically, the Act allows the Governor-General to make regulations, while regulation 39.001 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Legislative Instruments Act 2003, aligning with international standards set out in Annex 8 to the Convention on International Civil Aviation. The ADs mandate the continuing airworthiness of aircraft, with the State of Design responsible for providing necessary information to ensure this, and the State of Registry tasked with implementing these requirements. For instance, in response to an AD issued by the European Aviation Safety Authority (EASA) for Fokker F28 Mk 0070 and 0100 aircraft, CASA issued its own AD, which is tailored to Australian regulatory standards. The process does not involve public consultation as it is driven by international obligations and specific industry requirements, and has been deemed not to necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a legislative instrument that can be disallowed under section 46A of the Acts Interpretation Act 1901 and is subject to the provisions of the Legislative Instruments Act 2003. These directives serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft types, as stipulated in Annex 8 of the Convention on International Civil Aviation. The State of Design, in this case the Netherlands, holds the primary responsibility for ensuring the airworthiness of the aircraft type and must provide necessary information to the States of Registry. CASA, as Australia's national airworthiness authority, must review and, if necessary, issue an Australian AD when a State of Design issues an AD for an aircraft type registered in Australia.
Compliance with these ADs is mandatory for all parties involved, including aircraft operators, maintenance service providers, and other relevant entities. CASA’s issuance of ADs, such as the Australian AD/F100/94 in response to EASA's AD 2009-0026 for Fokker F28 Mk 0070 and 0100 model aircraft, requires adherence to specific timelines and procedures outlined in the Civil Aviation Safety Regulations. These procedures ensure that all necessary actions are taken to maintain the airworthiness of affected aircraft, thereby upholding safety standards and international obligations.
Breaching the requirements set forth in these ADs can lead to serious legal consequences. Under section 98 of the Civil Aviation Act 1988, CASA has the authority to take enforcement actions against any non-compliance. Penalties for non-compliance can include substantial fines and imprisonment, depending on the severity and frequency of the violations. The specifics of these penalties are detailed in the relevant regulations and are designed to enforce strict adherence to safety standards to protect public safety and maintain the integrity of the aviation industry.