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 2006-0207 affecting Fokker F27 Mk 200, 300, 400, 500, 600 and 700 model aircraft. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/F27/159, which will become effective on 26 October 2006.
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, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, is the primary legislation governing civil aviation safety in Australia. This Act empowers the Governor-General to issue regulations aimed at ensuring the safety of air navigation. Under the Act, the Civil Aviation Safety Regulations 1998 were introduced to further detail the regulatory framework, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs serve as legislative instruments designed to address safety concerns and ensure the continuing airworthiness of aircraft. The policy objective of these regulations is to align Australian practices with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information for the maintenance of airworthiness. CASA, as Australia’s national airworthiness authority, is responsible for assessing and implementing these directives to protect public safety within the Australian aviation industry.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and are issued to ensure the continuing airworthiness of aircraft, aligning with the obligations under Annex 8 to the Convention on International Civil Aviation. This legislation applies to aircraft registered in Australia, and CASA, as the national airworthiness authority, is responsible for issuing these directives when necessary, particularly in response to ADs issued by the State of Design, such as the European Union Aviation Safety Agency (EASA). The scope of this regulation extends to mandating compliance with airworthiness requirements for aircraft types registered within Australia, thus ensuring safety standards are uniformly upheld across the nation. Exemptions or exclusions from these directives are not specified in the given text, but the application is comprehensive across the Commonwealth of Australia, reflecting its commitment to international civil aviation standards.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products (39.001(1)). These directives are designed to ensure the ongoing safety and airworthiness of aircraft and are a crucial component of maintaining safety standards in civil aviation. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument, which means it can be subject to disallowance by either house of Parliament, and it is also a legislative instrument as per section 6 of the Legislative Instruments Act 2003. This legislative framework ensures that ADs are formally recognised and can be subjected to parliamentary scrutiny, thus maintaining a checks-and-balances system.
The obligations imposed by the Act and the Regulations on the parties involved are multifaceted. The State of Design, such as the European Union Aviation Safety Agency (EASA) for certain Fokker aircraft models, has the primary responsibility of ensuring that all necessary information for maintaining airworthiness is disseminated to the States of Registry (Annex 8 to the Convention on International Civil Aviation). The States of Registry, like Australia, are then required to assess this information and, if necessary, issue their own ADs to enforce the necessary safety measures on aircraft registered within their jurisdictions. CASA, as Australia's national airworthiness authority, must follow this process rigorously to maintain compliance with international standards.
Failure to comply with ADs can lead to serious legal consequences. The Civil Aviation Act 1988, alongside the Civil Aviation Safety Regulations 1998, imposes strict penalties for non-compliance with ADs. Violators may face significant fines, as outlined in the regulations. For instance, under regulation 39.019, a person who contravenes an AD can be fined up to $20,200 for an individual offence and up to $101,000 for a continuing offence. Furthermore, CASA has the authority to take enforcement actions, including grounding non-compliant aircraft, which can have severe operational and financial repercussions for the aircraft operator. These measures ensure that safety directives are not only issued but also strictly adhered to, thereby safeguarding the integrity of civil aviation safety standards.