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 Netherlands RLD issued BLA 92-086, affecting Fokker F27 Mk 50 aircraft, in 1992. The Netherlands is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to the affected serial number range. The amended AD, AD/F50/59 Amendment 1, will become effective on 8 May 2008. This AD cancels and replaces the previous issue.
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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, aims to regulate the safety of air navigation and the continuing airworthiness of aircraft. Under this Act, the Civil Aviation Safety Regulations 1998 were established to provide further detail on these matters, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act empowers the Governor-General to make these regulations to ensure air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for specific types of aircraft or aeronautical products. This legislative framework is designed to align with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, ensuring that Australia's national airworthiness authority, CASA, adheres to global protocols for maintaining aircraft safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs, which are legislative instruments, mandate safety requirements to ensure the continuing airworthiness of aircraft registered in Australia. The ADs are issued in response to obligations under the Convention on International Civil Aviation and follow the issuance of corresponding directives by the State of Design, in this case, the Netherlands for Fokker F27 Mk 50 aircraft. The ADs are applicable to all aircraft of the specified type registered in Australia, and CASA must ensure compliance with these directives as part of its responsibility to maintain airworthiness standards. While ADs do not typically require public consultation or a Regulatory Impact Statement, they are crucial for maintaining safety and regulatory standards in the aviation industry.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations to ensure the safety of air navigation, while subregulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. Consequently, an AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003. These regulations underscore the importance of maintaining the continuing airworthiness of aircraft, a responsibility that falls to both the State of Design and the State of Registry.
Under these regulations, the State of Design, which is responsible for the initial design and type certification of an aircraft, must ensure that information necessary for the continuing airworthiness of the aircraft is provided to the appropriate States of Registry. The State of Registry, which is responsible for the individual aircraft, must then develop or adopt requirements to maintain that airworthiness. In Australia, CASA acts as the national airworthiness authority and must assess any ADs issued by the State of Design, and if deemed appropriate, issue equivalent Australian ADs. This ensures that Australian-registered aircraft meet the necessary safety standards in accordance with international obligations.
The obligations imposed by these provisions include the requirement for CASA to monitor and respond to ADs issued by other States of Design. When a State of Design issues an AD, such as the Netherlands’ BLA 92-086 for Fokker F27 Mk 50 aircraft, CASA must assess the relevance and applicability of that directive to aircraft on the Australian Register. If necessary, CASA must then issue an equivalent Australian AD to mandate the required actions. This process ensures that Australian aircraft remain compliant with international safety standards. Given the nature of ADs as continuing airworthiness information, they are typically issued without public consultation, and the Office of Best Practice Regulation has determined that they do not require a Regulatory Impact Statement.
In terms of consequences for non-compliance, breaches of airworthiness directives can lead to serious civil or criminal penalties. While the specific offences and penalties are not detailed in the text, it is clear that failure to comply with an AD can result in significant consequences for both individuals and entities. Non-compliance can compromise the safety of air navigation, potentially leading to severe penalties under the Civil Aviation Act 1988 and other relevant legislation. The exact penalties would depend on the nature and severity of the breach, but they could include substantial fines and, in severe cases, imprisonment.