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 2009-0047 affecting Fokker F27 Mark 050, 0502 and 0604 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/F50/100, which will become effective on 7 May 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, Airframes & Structures 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 legal framework for the regulation of civil aviation in Australia, addressing the need for a comprehensive legislative basis to ensure the safety and efficiency of civil aviation. Under this Act, the Governor-General has the authority to make regulations for the safety of air navigation, and in line with this, the Civil Aviation Safety Regulations 1998 were established to further delineate safety requirements and operational standards. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as a means to ensure the continuing airworthiness of aircraft within Australia. This legislative framework is designed to align with international obligations under the Convention on International Civil Aviation, ensuring that Australia meets its commitments to safety standards set by the International Civil Aviation Organization (ICAO). The issuing of ADs by CASA is integral to fulfilling Australia's responsibilities under these international agreements and ensuring the safe operation of aircraft within its jurisdiction.
Scope and Application
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives are applicable to specific kinds of aircraft or aeronautical products, with the authority to mandate compliance through regulatory measures. The ADs are legislative instruments that must be assessed by CASA when issued by the State of Design and are required to be implemented by the State of Registry. For example, CASA issued AD/F50/100 in response to an AD from the European Aviation Safety Agency (EASA) for certain Fokker F27 models. The AD applies to the relevant aircraft registered in Australia, ensuring they meet continuing airworthiness standards. Exemptions and thresholds are not explicitly stated in the provided text, but the application of ADs is governed by the obligations under the Convention on International Civil Aviation and the specific requirements of the Civil Aviation Safety Regulations 1998.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 pertinent to the issuance of airworthiness directives (ADs) are sections 98 and 39.001 respectively (section 98 and regulation 39.001). Section 98 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 authorises the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901 (section 39.001(5)). Such directives ensure compliance with international standards for airworthiness as set out in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties or entities governed by these regulations are primarily focused on the maintenance of airworthiness. The State of Design has the responsibility to ensure the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry (Annex 8). In Australia, CASA, as the national airworthiness authority, must assess any relevant information provided by the State of Design and issue an Australian AD if appropriate. This ensures that Australian-registered aircraft meet the required safety standards. The State of Registry is also tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with ADs within the text provided. However, generally speaking, failure to comply with an AD can result in severe consequences, including the potential grounding of aircraft, which could lead to civil or criminal liability under other sections of the Civil Aviation Act 1988. The exact penalties may vary depending on the severity of the breach and the specific circumstances, but they could include substantial fines and other enforcement actions by CASA. It is important for operators and holders of airworthiness certificates to adhere strictly to the mandates provided by ADs to avoid any legal repercussions.