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 2009-0176 affecting Fokker F28 series aeroplanes. The Netherlands is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/F28/92, 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Future Technology and Regulatory Trends, in 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 Australian Parliament, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations, which includes issuing airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. Regulation 39.001(5) identifies ADs as disallowable instruments under the Acts Interpretation Act 1901, thereby making them legislative instruments as per the Legislative Instruments Act 2003. The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, facilitates the process by which the Civil Aviation Safety Authority (CASA) issues ADs in response to international obligations under the Convention on International Civil Aviation, ensuring that Australian aircraft maintain their airworthiness standards. This legislative framework underscores Australia's commitment to global aviation safety standards by aligning with the requirements of the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, provide the authority for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Specifically, regulation 39.001 of these regulations empowers CASA to issue ADs concerning certain types of aircraft or aeronautical products. These ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are classified as legislative instruments according to the Legislative Instruments Act 2003. This legislative framework ensures that ADs serve as a critical tool in maintaining the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the Convention on International Civil Aviation. When a State of Design issues an AD for a particular type of aircraft, CASA must review and, if necessary, issue a corresponding Australian AD. This process is exemplified by the issuance of AD/F28/92 in response to an AD issued by the European Aviation Safety Agency (EASA) for Fokker F28 series aeroplanes, highlighting the international cooperation required in aviation safety regulation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 allow the Governor-General to make regulations for air navigation safety, and for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products (section 98 and regulation 39.001). These ADs, which are considered legislative instruments, are necessary for ensuring the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for providing necessary information to the States of Registry, who are then responsible for ensuring the aircraft’s ongoing airworthiness. In this context, CASA issues Australian ADs in response to ADs from the State of Design, as seen with the European Aviation Safety Agency’s AD 2009-0176 and CASA’s subsequent AD/F28/92.
The Act and Regulations impose obligations on CASA and other relevant authorities to ensure that airworthiness directives are assessed and issued as necessary. CASA must evaluate ADs issued by the State of Design, and if deemed appropriate, issue corresponding Australian ADs to mandate the required safety measures. These directives must align with the international obligations under the Convention on International Civil Aviation, ensuring that all relevant parties are aware of and comply with the safety standards set forth. The State of Registry also has the responsibility to develop or adopt requirements to maintain the airworthiness of the aircraft registered within its jurisdiction.
There are no specific offences or penalties outlined in the text concerning breaches of airworthiness directives. However, failure to comply with ADs can lead to serious consequences, including grounding of the aircraft, which could result in civil or criminal liability for the operator. Non-compliance with ADs can be seen as negligence in maintaining the airworthiness of the aircraft, potentially leading to accidents or incidents that could result in legal action against the responsible parties. The specific penalties for such breaches would typically be determined by the courts based on the severity of the non-compliance and any resultant harm.