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.
CASA has raised AD/F27/103 Amendment 8, which will become effective on
22 October 2009, to include updates to referenced documents, amend applicability and to reformat the text in respect of Stork NV (Fokker) F27 model aircraft. These amendments were made with the assistance of the manufacturer. As there are some examples of the Fokker F27 on the Australian register CASA has developed this amendment to reflect the latest revision status of the requirement documents contained in the AD. CASA has not consulted with the Australian industry and public as there are no safety issues raised by this amendment. This AD cancels and replaces the previous issue.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Initial Airworthiness, Airworthiness and Engineering Branch of 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, enacted by the Commonwealth Parliament, serves to regulate civil aviation in Australia, ensuring the safety and efficiency of the industry. The Act grants the Governor-General the authority to issue regulations, such as those detailed in the Civil Aviation Safety Regulations 1998, to maintain air navigation safety. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments subject to disallowance. These directives, crucial for the continuing airworthiness of aircraft, are typically issued by the State of Design and adopted by the State of Registry, with CASA acting as Australia's national airworthiness authority. The introduction of AD/F27/103 Amendment 8 aims to update and re-issue an airworthiness directive for Stork NV (Fokker) F27 model aircraft, reflecting the latest revisions in the relevant documentation without necessitating public consultation due to the absence of safety concerns. This amendment was developed with input from the manufacturer and will replace the previous directive.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001 and further elaborated in subregulation 39.001(5), authorise the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), acting as Australia’s national airworthiness authority. These directives apply to kinds of aircraft or aeronautical products registered within Australia and are designed to ensure the continuing airworthiness of these aircraft, in line with international standards set out in Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments and are subject to disallowance as per section 46A of the Acts Interpretation Act 1901. The State of Registry of an individual aircraft, which in the case of Australian-registered aircraft is CASA, is tasked with ensuring that each aircraft maintains its airworthiness. Therefore, when a State of Design, such as the one responsible for the Stork NV (Fokker) F27 model, issues an AD, CASA must assess and, if necessary, issue a corresponding Australian AD to mandate compliance with the latest safety requirements. The AD/F27/103 Amendment 8, effective from 22 October 2009, includes updates to referenced documents, amended applicability, and reformatted text, made in consultation with the manufacturer to ensure the aircraft's continued safe operation. Given that this AD does not raise new safety concerns, CASA did not consult with the industry or the public before issuing it. This AD supersedes previous versions, ensuring that all relevant stakeholders are informed of the most current regulatory requirements.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations empowers CASA to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
Under the Civil Aviation Safety Regulations 1998, CASA has the authority to issue ADs, which serve as a primary means of ensuring the continuing airworthiness of aircraft types. For instance, AD/F27/103 Amendment 8, which became effective on 22 October 2009, pertains to the Stork NV (Fokker) F27 model aircraft, updating referenced documents, amending applicability, and reformatting the text. This amendment was developed by CASA in collaboration with the manufacturer to reflect the latest revision status of the requirement documents. Importantly, CASA did not consult with the Australian industry and public as there were no safety issues raised by this amendment. This AD supersedes the previous issue, ensuring that the most current safety requirements are enforced.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 must adhere to the ADs issued by CASA. The State of Registry is responsible for the continuing airworthiness of individual aircraft, and must implement the requirements outlined in ADs issued by CASA. This includes updating maintenance and operational procedures, ensuring that aircraft remain airworthy, and complying with any mandated changes or updates. The State of Design, on the other hand, has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry.
Failure to comply with ADs can result in both civil and criminal consequences. Under section 46A of the Acts Interpretation Act 1901, ADs are subject to disallowance, meaning they can be challenged and potentially overturned. Additionally, non-compliance with ADs may lead to enforcement actions by CASA, including fines, suspension or revocation of aircraft certificates, and potential criminal charges for serious breaches. The maximum penalties for breaches of the Civil Aviation Act 1988 can include substantial fines and imprisonment, reflecting the serious nature of ensuring the safety of air navigation.