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 2009-0049 affecting Fokker F27 model aircraft. The EASA acts on behalf of The Netherlands, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/F50/101, 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, 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 establish a comprehensive legal framework for civil aviation in Australia, ensuring safety and efficiency in the operation of aircraft. The Act provides the authority for the creation of regulations that govern various aspects of civil aviation, including airworthiness directives. The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The Civil Aviation Act 1988, through its provisions, addresses the need for a robust regulatory framework that aligns with international standards, ensuring the safety and continuing airworthiness of aircraft registered in Australia. The policy objective behind these regulations is to maintain high safety standards in the aviation industry, both domestically and in accordance with international conventions such as the Convention on International Civil Aviation.
Scope and Application
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, thereby ensuring compliance with safety regulations. These ADs, which are legislative instruments as per the Legislative Instruments Act 2003, mandate necessary actions to maintain the airworthiness of aircraft. The regulations apply to the State of Registry of an individual aircraft, which is responsible for ensuring the aircraft's ongoing compliance with airworthiness standards. This legislative framework is integral to Australia's commitment under the Convention on International Civil Aviation, particularly through Annex 8, which designates the State of Design with the responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, assesses information from the State of Design and, if necessary, issues corresponding Australian ADs to enforce these safety requirements. This process ensures that Australian aircraft adhere to international safety standards, and as such, no public consultation is required for these directives. The issuance of such ADs is a direct response to international obligations and the need to maintain uniform safety standards across the aviation industry.
Key Provisions
The Civil Aviation Act 1988 (section 98) provides the legislative basis for the Governor-General to create regulations aimed at ensuring the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998 (regulation 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 designed to ensure that all aircraft and related products maintain their airworthiness and safety standards. Importantly, subregulation 39.001(5) states that ADs are considered disallowable instruments, meaning they can be annulled by resolution of either House of Parliament (section 46A of the Acts Interpretation Act 1901). As legislative instruments, ADs must be documented and managed in accordance with the Legislative Instruments Act 2003 (section 6).
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are significant. The State of Design, responsible for the aircraft type, must provide essential information to ensure continuing airworthiness, as outlined in Annex 8 to the Convention on International Civil Aviation. For aircraft registered in Australia, CASA, acting as the national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. This ensures that all aircraft registered in Australia comply with the latest safety and airworthiness standards. The State of Registry, which is Australia in this context, is also obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft, reinforcing the importance of maintaining high safety standards.
Failure to comply with airworthiness directives can lead to severe consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline various offences and penalties for non-compliance with ADs. Civil penalties can include fines up to $52,500 for individuals and $262,500 for corporations, reflecting the seriousness of disregarding safety regulations. Criminal penalties can result in imprisonment for up to five years for individuals, underscoring the critical nature of adhering to these safety directives. Additionally, aircraft found to be non-compliant can be grounded, preventing them from operating until the necessary safety measures are implemented. These stringent measures are in place to ensure the highest standards of safety in the aviation industry.