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 issued AD 2008-0193 affecting Fokker F100 series aircraft. The Netherlands is the State of Design for these aircraft. CASA issued AD/F28/91 in response to the EASA AD; however this AD series does not apply to these particular aircraft. This AD has been cancelled and an AD issued in the appropriate series has been raised with no impact on the Australian fleet. The cancellation will become effective on the 18 December 2008.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. The Act empowers the Governor-General to make regulations that are crucial for the safety of air navigation. A significant aspect of this Act is its delegation of authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, mandate safety requirements for aircraft and aeronautical products. The policy objective is to ensure that the continuing airworthiness of aircraft is maintained in accordance with international standards, particularly as outlined in Annex 8 to the Convention on International Civil Aviation. This convention places the responsibility of continuing airworthiness on the State of Design, which must provide necessary information to the States of Registry, including Australia. CASA, as Australia's national airworthiness authority, assesses this information and, if necessary, issues ADs to enforce compliance within the Australian fleet.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, establishing a framework for ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations for the safety of air navigation, and under regulation 39.001, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Act's application extends to ensuring compliance with international standards set by the Convention on International Civil Aviation, specifically through Annex 8, which mandates that the State of Design has the primary responsibility for an aircraft type's continuing airworthiness, while the State of Registry, in this case CASA, must adopt or develop requirements to ensure the ongoing airworthiness of aircraft registered within its jurisdiction. This legislative framework ensures that ADs issued by other States of Design, such as the European Union Aviation Safety Agency (EASA), are appropriately assessed and, if necessary, translated into Australian ADs to maintain safety standards. This process underscores Australia's commitment to international safety protocols while maintaining its national regulatory responsibilities.
Key Provisions
Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that support the Act's objectives, particularly in ensuring the safety of air navigation. In line with regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is important to note that according to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments as per section 6 of the Legislative Instruments Act 2003. The issuance of ADs is grounded in Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design bears overall responsibility for an aircraft type's continuing airworthiness and must supply any necessary information to ensure its airworthiness to the appropriate States of Registry. ADs are the most prevalent form of continuing airworthiness information, and they are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is tasked with ensuring its continuing airworthiness. In accordance with Annex 8, the State of Registry must establish or adopt requirements to maintain the airworthiness of aircraft. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA, as Australia's national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. Recently, the European Aviation Safety Agency (EASA) issued AD 2008-0193 concerning Fokker F100 series aircraft, with the Netherlands as the State of Design for these aircraft. CASA issued AD/F28/91 in response to the EASA AD; however, this AD series does not apply to the specific aircraft in question. Consequently, this AD has been cancelled, and an AD has been issued in the appropriate series with no impact on the Australian fleet. The cancellation will take effect on 18 December 2008.
No consultation with the Australian public has occurred regarding the cancellation of this AD, as it is a result of Australia's obligations under the Convention on International Civil Aviation and in response to an AD issued by the relevant State of Design. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD has been made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This process ensures that ADs are issued in a timely and efficient manner, with the primary focus being the safety and airworthiness of aircraft operating within Australia.