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, the Civil Aviation Safety Authority (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.
CASA has reviewed the ADs issued for the Fokker F28 Mark 0100 aeroplane by the civil aviation authority in the Netherlands. The Netherlands is the State of Design of the Fokker F28 Mark 0100. CASA has identified thirty-four Airworthiness Directives issued between 1990 and 1997 that were not mandated in Australia but which are applicable, or may have been applicable in the past, to some of the twenty-three Fokker F28 Mark 0100 aeroplanes currently on the Australian register of civil aircraft. CASA has decided to list these thirty-four Netherlands ADs in a new AD called AD/F100/97 State of Design Airworthiness Directives. AD/F100/97 will become effective on 30 June 2010.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to a number of ADs 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for civil aviation in Australia, ensuring safety, efficiency, and environmental considerations in the regulation of air navigation and aircraft. The Act authorises the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative structure aims to maintain high safety standards in alignment with international conventions, particularly under Annex 8 of the Convention on International Civil Aviation, which mandates the State of Design's responsibility for an aircraft's continuing airworthiness and the necessity for international cooperation in disseminating relevant safety information. The Civil Aviation Safety Regulations 1998 allow CASA to issue ADs to ensure compliance with these international standards, thereby safeguarding Australia's civil aviation interests and promoting uniform safety protocols across the industry.
Scope and Application
The Civil Aviation (Airworthiness Directive) Determination 2010, under the Civil Aviation Act 1988, applies to the Fokker F28 Mark 0100 aeroplanes registered in Australia, specifically those twenty-three aeroplanes on the Australian Register. The Act enables the Governor-General to make regulations for the safety of air navigation, and under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs). ADs are legislative instruments that mandate the continuing airworthiness of aircraft types. The determination is made in response to the Netherlands, the State of Design for the Fokker F28 Mark 0100, issuing multiple ADs between 1990 and 1997, which CASA has identified as applicable to Australian-registered Fokker F28 Mark 0100 aeroplanes. The new Australian AD, called AD/F100/97, consolidates these Netherlands ADs and will become effective on 30 June 2010. The AD is issued in accordance with Australia's obligations under the Convention on International Civil Aviation and is exempt from public consultation and a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products (39.001). An AD is a legislative instrument, as specified in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and it is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 (39.001(5)). In accordance with section 6 of the Legislative Instruments Act 2003, ADs are legislative instruments. The ADs are intended to ensure the continuing airworthiness of aircraft, which is a responsibility of the State of Registry under Annex 8 to the Convention on International Civil Aviation.
Under the Civil Aviation Safety Regulations 1998, CASA is responsible for assessing information provided by the State of Design and, if appropriate, issuing an Australian AD to mandate the requirements of the State of Design (39.001). In this case, CASA reviewed ADs issued for the Fokker F28 Mark 0100 aeroplane by the Netherlands civil aviation authority and identified thirty-four ADs that were not previously mandated in Australia but are applicable to some Fokker F28 Mark 0100 aeroplanes on the Australian register of civil aircraft (39.001). Consequently, CASA issued a new AD, AD/F100/97 State of Design Airworthiness Directives, which will become effective on 30 June 2010 (39.001). This AD is a result of Australia's obligations under the Convention on International Civil Aviation and is in response to ADs raised by the relevant State of Design.
Given that ADs are issued due to Australia's obligations under the Convention on International Civil Aviation and in response to ADs raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD (39.001). Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement (39.001). The AD was made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch on behalf of CASA, in accordance with subsection 94(1) of the Act (39.001).
In terms of consequences for non-compliance, the Civil Aviation Safety Regulations 1998 may include provisions for penalties and enforcement actions. Violators of airworthiness directives can face civil or criminal penalties, depending on the severity of the breach and the specific regulations involved. The maximum penalties for such breaches may be outlined in the Civil Aviation Act 1988 or other relevant legislation, and could include fines, imprisonment, or both. It is essential for parties governed by the Act to adhere to the airworthiness directives to ensure the safety of air navigation and avoid any potential legal repercussions.