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 CAA has issued AD NL-2005-007 affecting Fokker F27 Mark 050, 0502 and 0604 model aircraft. The Netherlands is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/F50/92, Amendment 1, which will become effective on 27 October 2005. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to regulate civil aviation in Australia with a primary focus on safety, empowers the Governor-General to create regulations in the interests of air navigation safety. The Act is administered by the Civil Aviation Safety Authority (CASA), which, under regulation 39.001 of the Civil Aviation Safety Regulations 1998, has the authority to issue airworthiness directives (ADs). These ADs serve as legislative instruments for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988 thus establishes a framework for CASA to issue ADs, which are critical in ensuring that aircraft on the Australian Register meet necessary safety standards, particularly when responding to directives from the State of Design, as in the case of the Fokker F27 models addressed by AD/F50/92, Amendment 1.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia, ensuring compliance with international standards for aircraft safety. This Act applies to all aircraft registered in Australia, their operators, and any other entities or individuals involved in the operation, maintenance, or modification of these aircraft. The regulatory reach of these provisions extends nationally, encompassing both domestic and international flights. The ADs are legislative instruments under the Legislative Instruments Act 2003 and are mandated to maintain the continuing airworthiness of aircraft types as per Annex 8 of the Convention on International Civil Aviation. The State of Design, such as the Netherlands in this instance, issues ADs that are then assessed and, if necessary, adopted by CASA, Australia's national airworthiness authority. This process ensures that Australian aircraft meet international safety standards and that Australian regulatory requirements are aligned with those of other ICAO Contracting States. The issuance of these directives does not typically involve public consultation due to their technical nature and the international obligations they fulfil.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, allows the Governor-General to create regulations for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003. These ADs serve as critical tools for ensuring the continuing airworthiness of aircraft, a responsibility that rests with the State of Design under Annex 8 of the Convention on International Civil Aviation.
The obligations under these regulations place significant responsibilities on the State of Design and the State of Registry. The State of Design, in this case, the Netherlands, must provide necessary information to maintain the airworthiness of a specific aircraft type. In this instance, the Netherlands has issued AD NL-2005-007 for Fokker F27 Mark 050, 0502, and 0604 model aircraft. CASA, acting as Australia’s national airworthiness authority, is obligated to assess this information and, if deemed appropriate, issue an Australian AD. CASA has done so with AD/F50/92, Amendment 1, which will become effective on 27 October 2005. This directive cancels and replaces the previous issue, ensuring that all relevant stakeholders are informed of the updated requirements.
Breaching the requirements set out in these ADs can lead to serious consequences. While the specific civil or criminal penalties are not detailed within this particular excerpt, it is important to note that non-compliance with ADs can result in severe repercussions. These may include penalties for operating an aircraft that does not meet airworthiness standards, which could lead to grounding of the aircraft, fines, and other regulatory actions. The regulatory framework ensures that all parties involved adhere to the stringent safety standards necessary to maintain the integrity of air navigation.
The issuing of ADs, such as AD/F50/92, Amendment 1, is conducted in accordance with the legislative process outlined in the Civil Aviation Act 1988. The Manager, Airframes in the Manufacturing, Certification and New Technologies Office, issues these directives on behalf of CASA, under the authority granted by subsection 84A(2) of the Act. Given the international obligations under the Convention on International Civil Aviation and the specific response to an AD from the State of Design, no public consultation is required for this directive. Additionally, the Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement. This streamlined process ensures that necessary safety measures are implemented promptly and efficiently, without unnecessary bureaucratic delays.