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 2009-0145 affecting Fokker F27 Mark 500 and 600 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/F27/160, 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation and operations. This Act empowers the Governor-General to make regulations that contribute to the safety of air navigation, and in this context, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. The policy objective behind these regulations is to ensure the continuing airworthiness of aircraft, in line with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. CASA issues these directives to mandate specific safety requirements, which are often in response to directives issued by the State of Design of an aircraft type. This legislative framework underscores Australia's commitment to international civil aviation standards, ensuring that the safety measures adopted are consistent with global practices.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These regulations establish the framework within which CASA operates to ensure the continuing airworthiness of aircraft registered in Australia. As mandated by Annex 8 to the Convention on International Civil Aviation, the State of Design holds the responsibility for the ongoing airworthiness of an aircraft type, necessitating the provision of necessary information to relevant States of Registry. CASA, acting on behalf of Australia as the national airworthiness authority, must evaluate information from the State of Design and, if necessary, issue an Australian AD to enforce the State of Design's requirements. The ADs are legislative instruments under the Acts Interpretation Act 1901 and are subject to disallowance, as specified in the Legislative Instruments Act 2003. The issuance of an AD, such as the one concerning the Fokker F27 Mark 500 and 600 models by the European Aviation Safety Authority (EASA) on behalf of the Netherlands, prompts CASA to assess and, if appropriate, issue a corresponding Australian AD. This particular AD, which becomes effective on 24 September 2009, exemplifies CASA's adherence to international obligations and its commitment to ensuring the safety of air navigation within Australia.
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. These ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901, and they fall under the authority granted by section 98 of the Civil Aviation Act 1988. This legislative authority is exercised to ensure the safety of air navigation, aligning with the obligations outlined in Annex 8 to the Convention on International Civil Aviation. Consequently, CASA is tasked with assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to mandate the required safety measures for aircraft registered in Australia.
The obligations imposed by these regulations are significant for both CASA and the State of Registry. CASA, as Australia’s national airworthiness authority, must rigorously evaluate any ADs issued by the State of Design and determine their applicability to Australian-registered aircraft. If an AD is relevant, CASA is mandated to issue a corresponding Australian AD, ensuring that all aircraft registered in Australia comply with the specified safety requirements. The State of Registry, on the other hand, must implement and enforce these ADs to maintain the continuing airworthiness of its registered aircraft. This includes ensuring that all necessary actions are taken to comply with the ADs, such as inspections, repairs, or modifications, as mandated by the AD.
Failure to comply with the requirements of an AD can result in serious legal consequences. Under section 90 of the Civil Aviation Act 1988, any person who contravenes an AD commits an offence. The penalties for such offences can be substantial. For example, for corporations, the maximum penalty can be up to $1.2 million, while for individuals, the maximum penalty can be up to $240,000, or both imprisonment for up to five years and fines. These stringent penalties underscore the importance of adhering to ADs and highlight the serious implications of non-compliance for both operators and regulatory authorities.