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, the Civil Aviation Safety Authority (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.
CASA has reviewed the ADs issued for the Fokker F27 Mark 050 aeroplane by the civil aviation authority in the Netherlands. The Netherlands is the State of Design of the Fokker F27 Mark 050. CASA has identified twenty Airworthiness Directives issued between 1987 and 1997 that were not mandated in Australia but which are applicable, or may have been applicable in the past, to some of the fourteen Fokker F28 Mark 050 aeroplanes currently on the Australian register of civil aircraft. CASA has decided to list these twenty Netherlands ADs in a new AD called AD/F50/102 State of Design Airworthiness Directives. AD/F50/102 will become effective on 7 July 2010.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to a number of ADs 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation and related activities within Australia. The Act empowers the Governor-General to make regulations for these purposes, with the Civil Aviation Safety Regulations 1998 further detailing the implementation of these provisions. One significant aspect of the Act is the authority it grants to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments intended to ensure the continuing airworthiness of aircraft. Under the Convention on International Civil Aviation, the State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft. CASA, acting on behalf of Australia, must assess and mandate any relevant ADs issued by the State of Design, ensuring compliance with international standards. The issuance of AD/F50/102, for example, is a direct result of Australia's obligations under this international framework and is made without public consultation, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. This legislative instrument applies to the continuing airworthiness of aircraft registered in Australia, encompassing specific types of aircraft such as the Fokker F27 Mark 050. CASA, as Australia's national airworthiness authority, is mandated to assess and, where necessary, issue ADs that correspond to those issued by the State of Design, in this case, the Netherlands. The legislation does not specify exclusions but ensures that any relevant ADs issued by the State of Design are considered and potentially mandated in Australia. This AD, AD/F50/102, is effective from 7 July 2010 and mandates the requirements of the Netherlands ADs applicable to Fokker F27 Mark 050 aeroplanes on the Australian register. The issuance of this AD is pursuant to Australia's obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide for the issuance of airworthiness directives (ADs) under regulation 39.001 (subsection 5 of which specifies that ADs are disallowable instruments). This means that ADs are legislative instruments, subject to review and disallowance procedures under the Legislative Instruments Act 2003. The ADs are issued to ensure the continuing airworthiness of aircraft types, as per the requirements under Annex 8 to the Convention on International Civil Aviation. Specifically, the State of Design, which is the Netherlands for the Fokker F27 Mark 050, has the responsibility to issue ADs, while the State of Registry, in this case CASA acting on behalf of Australia, must assess and, if appropriate, mandate these ADs for aircraft registered in Australia.
The obligations imposed by these regulations on parties such as CASA, as Australia's national airworthiness authority, include the assessment of ADs issued by the State of Design and the issuance of corresponding ADs in Australia when necessary. CASA is required to ensure that all Fokker F27 Mark 050 aircraft registered in Australia comply with the ADs issued by the Netherlands. This involves a rigorous review process to determine the applicability of the Netherlands ADs to aircraft on the Australian register and the subsequent issuance of a consolidated AD, AD/F50/102, to cover the relevant requirements. Additionally, under Annex 8, the State of Registry must establish requirements to maintain the continuing airworthiness of aircraft, which CASA must enforce through the issuance and compliance with ADs.
Failure to comply with ADs can lead to serious consequences. While the specific offences and penalties are not detailed in the provided text, non-compliance with airworthiness directives generally can result in severe civil or criminal penalties. These may include fines, suspension or revocation of aircraft certificates of airworthiness, and potential criminal charges for operators who knowingly violate safety regulations. The exact penalties would depend on the specific nature and severity of the non-compliance, as well as any additional legislative provisions that might apply. The issuance of AD/F50/102 underscores the importance of adhering to these directives to ensure the safety of air navigation in Australia.