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 2009-0176 affecting Fokker F28 MK 070 and Mk 0100 series aeroplanes. The Netherlands is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/F100/96, which will become effective on 24 September 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, focusing primarily on the safety of air navigation. Under section 98 of the Act, the Governor-General is empowered to make regulations that serve the interests of safety in air navigation. One significant instrument created under this authority is the Civil Aviation Safety Regulations 1998, which, through regulation 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are regulated by the Legislative Instruments Act 2003. The ADs serve as a mechanism to ensure the continuing airworthiness of aircraft, aligning with international standards set out in Annex 8 to the Convention on International Civil Aviation. The issuing of such directives is typically in response to actions taken by the State of Design or other contracting states, and CASA’s role is to assess and, if necessary, mandate these requirements within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Such ADs are issued in accordance with the obligations Australia has under the Convention on International Civil Aviation, particularly Annex 8, which mandates the State of Design to provide information for continuing airworthiness. The State of Registry, in this case CASA, must then assess and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures compliance with international standards and maintains the safety of air navigation within Australian jurisdiction. The issuance of ADs, such as AD/F100/96 in response to EASA’s AD 2009-0176, is critical for ensuring the continuing airworthiness of aircraft registered in Australia, and these directives apply to the entities involved in the design, registration, and operation of the affected aircraft.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus constitute legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. This means that ADs have legal authority and must be followed by relevant parties. Under Annex 8 of the Convention on International Civil Aviation, the State of Design holds overall responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to ensure this to States of Registry. The State of Registry, in turn, is responsible for ensuring the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The obligations imposed by the Civil Aviation Safety Regulations 1998 include a requirement for CASA to assess any AD issued by a State of Design for relevance and necessity to Australian conditions, and to issue an Australian AD if it deems it appropriate. This process ensures that Australian aircraft comply with international safety standards. The State of Registry, in this case CASA, must ensure that the requirements of the AD are implemented and complied with by the relevant aircraft operators and owners. This includes conducting necessary inspections, repairs, or modifications as specified in the AD, and maintaining appropriate records to demonstrate compliance.
Failure to comply with the requirements of an AD can lead to significant legal consequences. Under section 90 of the Civil Aviation Act 1988, an aircraft is considered not airworthy if it does not comply with an AD, which can result in serious safety risks. In addition, under section 91 of the Act, operating an aircraft that does not comply with an AD can be an offence. The maximum penalties for such offences can include substantial fines and, in some cases, imprisonment. For corporations, the penalties can be even more severe, with fines potentially reaching hundreds of thousands of dollars. These penalties underscore the importance of adhering to ADs to ensure the safety of air navigation.