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 2007-0203 affecting Fokker F50 aircraft. EASA acts on behalf of the Netherlands which is the State of Design for this type. CASA has assessed this AD and as a result has cancelled Australian AD/F50/85 Amendment 1. The cancellation will become effective on 26 October 2007. The AD has been superseded by AD/F50/88 Amendment 1.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Engines in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia, ensuring the safety and efficiency of the aviation industry. This Act empowers the Governor-General to create regulations that promote the safety of air navigation. In line with this objective, the Civil Aviation Safety Regulations 1998 were introduced to provide specific safety standards, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs serve as a means to maintain the airworthiness of aircraft and aeronautical products, in accordance with international standards set by the International Civil Aviation Organization (ICAO). The recent cancellation of Australian AD/F50/85 Amendment 1 and the issuance of AD/F50/88 Amendment 1 in response to an AD from the European Aviation Safety Agency (EASA) for the Fokker F50 aircraft reflects Australia's commitment to these international obligations and the efficient management of airworthiness directives.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively establish the framework for airworthiness directives (ADs) in Australia. The Civil Aviation Act 1988 empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specified types of aircraft or aeronautical products. These ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are classified as legislative instruments in accordance with the Legislative Instruments Act 2003. The ADs serve to uphold the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the airworthiness of aircraft types and requires States of Registry to implement measures ensuring such airworthiness. Consequently, when the European Union Aviation Safety Agency (EASA) issues an AD for a type of aircraft registered in Australia, CASA is obligated to evaluate the directive and, if necessary, issue a corresponding Australian AD. This legislative framework applies nationally, encompassing all aircraft registered in Australia, and is enforced by CASA, Australia's national airworthiness authority. The scope of these regulations is further extended and specified through subordinate instruments, ensuring comprehensive oversight and compliance with international standards.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulatory authority is established under section 98 of the Civil Aviation Act 1988, aimed at ensuring the safety of air navigation. Furthermore, subregulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
Compliance with these regulations imposes specific obligations on various parties. The State of Design, which is responsible for the continuing airworthiness of an aircraft type under Annex 8 of the Convention on International Civil Aviation, must provide necessary information to ensure the airworthiness of the aircraft to the States of Registry. In Australia, CASA, as the national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements outlined by the State of Design. This collaborative process ensures that all aircraft registered in Australia meet international safety standards.
Failure to comply with these airworthiness directives can result in serious consequences. Civil aviation regulations often include provisions that impose penalties for non-compliance. While the specific penalties are not detailed in the provided text, it is common for breaches to result in financial penalties, revocation of operating licenses, or other administrative actions. In some cases, severe non-compliance can lead to criminal charges, especially if the breach results in significant safety hazards or accidents.
Given the international scope of these regulations, it is also important to note that ADs are a global standard, with most ICAO Contracting States issuing equivalent directives. The process of issuing and enforcing these directives is designed to maintain a consistent level of safety across the global aviation industry. For instance, the European Aviation Safety Agency (EASA) has issued an AD affecting Fokker F50 aircraft, which CASA has assessed and subsequently cancelled an existing Australian AD in response to this new directive, ensuring alignment with international standards.