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 2007-0203 affecting Fokker F50 series aeroplanes. EASA acts on behalf of the Netherlands, the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/F50/88 Amendment 1, which will become effective on 26 October 2007. 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 Acting Manager, Systems 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 provide for the regulation of civil aviation in Australia and to ensure the safety and efficiency of air navigation. One of its key provisions is section 98, which empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. This authority is exercised by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, allowing CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a critical mechanism to ensure the continuing airworthiness of aircraft, aligning with international obligations under the Convention on International Civil Aviation, particularly through Annex 8, which assigns responsibilities to the State of Design and the State of Registry for aircraft airworthiness. This legislative framework ensures that CASA, as Australia’s national airworthiness authority, can effectively implement international ADs, thereby maintaining the high safety standards required in civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, apply to all aircraft registered in Australia and to any aeronautical products and services provided within Australian jurisdiction. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products to ensure safety in air navigation. These directives are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and are essential for maintaining the continuing airworthiness of aircraft as per international standards under Annex 8 of the Convention on International Civil Aviation. The State of Registry, in this case CASA, has the responsibility to ensure these requirements are met within Australia. In response to AD 2007-0203 issued by the European Aviation Safety Authority for Fokker F50 series aeroplanes, CASA issued Australian AD/F50/88 Amendment 1, reflecting Australia's commitment to international aviation safety standards. This process does not require public consultation or a Regulatory Impact Statement, as it is a direct response to international obligations and directives from the relevant State of Design.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 supports this by allowing the Governor-General to make regulations for air navigation safety. These ADs serve as legislative instruments, as outlined in the Legislative Instruments Act 2003, and are required to ensure the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Act and the Regulations include a responsibility on the State of Design to provide information necessary for maintaining airworthiness, which CASA must then assess and, if necessary, translate into an Australian AD. The State of Registry of an aircraft must also develop or adopt requirements to ensure the continuing airworthiness of the aircraft in question. This involves a collaborative effort between the State of Design and the State of Registry to maintain international standards of aviation safety.
The issuance of an AD such as Australian AD/F50/88 Amendment 1, which mandates compliance with the requirements set by the European Aviation Safety Authority for Fokker F50 series aeroplanes, brings with it a set of consequences for non-compliance. Under the Civil Aviation Act 1988, violations of airworthiness directives can lead to civil penalties, which can include fines, or criminal penalties, which can include imprisonment. The specific penalties can vary based on the severity of the breach and the provisions of the Act, but they are intended to enforce compliance with safety regulations to protect public safety in aviation.