CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 Netherlands BLA has issued AD BLA2004-059 affecting Fokker F28 models 1000 to 4000 series aircraft. The Netherlands is the State of Design for Fokker Aircraft types. CASA has assessed this AD and has issued Australian AD/F28/89, Original Issue, which will become effective on 7 July 2005.
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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a regulatory framework for civil aviation in Australia, ensuring safety and efficiency in air navigation. Under the authority granted by section 98 of the Act, the Civil Aviation Safety Regulations 1998 were subsequently developed, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are essential instruments for maintaining the continuing airworthiness of aircraft, aligning with international standards set forth by the International Civil Aviation Organization (ICAO). The policy objective of this legislative framework is to ensure the safety of air navigation by maintaining the airworthiness of aircraft through rigorous oversight and compliance with both domestic and international standards. The Civil Aviation Act 1988, along with its regulations, provides the legal basis for CASA to mandate safety requirements and enforce compliance, thus fulfilling Australia’s obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products under section 98 of the Civil Aviation Act 1988. These ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. ADs are critical in maintaining the continuing airworthiness of aircraft and are typically issued by the State of Design, which in this context is the country responsible for designing the aircraft. For aircraft registered in Australia, CASA, as the national airworthiness authority, is responsible for ensuring these aircraft meet continuing airworthiness standards, often necessitating the issuance of Australian ADs in response to directives from the aircraft’s State of Design. This regulatory framework ensures that Australia adheres to its obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates the State of Design's role in providing necessary information for continuing airworthiness. The process for issuing ADs, as exemplified by CASA's response to the Netherlands BLA's AD BLA2004-059 for Fokker F28 models, involves CASA's assessment and subsequent issuance of Australian AD/F28/89, which becomes effective on the specified date. The issuance of these ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 lay down the framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Act empowers the Governor-General to create regulations necessary for air navigation safety, while regulation 39.001 of the 1998 Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This regulatory power extends to the creation of ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require the State of Design, which is responsible for the continuing airworthiness of an aircraft type, to provide necessary information to ensure that aircraft remain airworthy. This responsibility is mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, in turn, must adopt or develop requirements to maintain the continuing airworthiness of individual aircraft registered within its jurisdiction. When a State of Design issues an AD, the State of Registry must evaluate this information and, if necessary, issue its own AD to enforce the required measures. For instance, CASA must assess any ADs issued by the Netherlands Bureau of Aircraft Accidents Investigation (NLR) for Fokker aircraft, and if appropriate, issue an Australian AD to comply with international obligations.
Failure to comply with ADs can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be an offence. The Act stipulates that any person who fails to comply with an AD commits an offence and is liable for penalties. The severity of these penalties can vary, but they may include substantial fines and, in some cases, imprisonment. The specific penalties are determined by the courts, taking into account the nature and circumstances of the offence. For example, if a pilot fails to adhere to an AD that mandates a particular maintenance check, they could face both civil and criminal penalties, including hefty fines and potential imprisonment.
Additionally, non-compliance with ADs can also result in civil consequences. Operators whose aircraft do not comply with ADs may face operational restrictions or even be grounded until the required actions are taken. This not only impacts the operator financially but can also affect the safety and reliability of the aircraft, potentially leading to further regulatory actions. The overarching aim of these provisions is to ensure that all stakeholders adhere to the highest safety standards, thereby protecting the public and maintaining the integrity of the aviation system.