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 N-2005-015 affecting Fokker F50 model aircraft. The Netherlands is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/F50/92, Amendment 2, which will become effective on 16 February 2006. 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 was enacted to regulate civil aviation in Australia and ensure the safety of air navigation, amongst other objectives. The Act provides the framework for the creation of regulations necessary to achieve these objectives, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments for ensuring the continuing airworthiness of aircraft, in line with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) is responsible for assessing and issuing these directives within Australia, in accordance with obligations under the Convention and the relevant State of Design's ADs. In the case of the Netherlands' AD N-2005-015 for Fokker F50 model aircraft, CASA issued the corresponding Australian AD/F50/92, Amendment 2, to mandate the requirements of the State of Design. This process ensures that Australian aircraft meet international safety standards and that the continuing airworthiness of aircraft is maintained.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, as stipulated in regulation 39.001. These directives are legislative instruments under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. The issuance of ADs is integral to ensuring the continuing airworthiness of aircraft, a responsibility that falls under the State of Design as per Annex 8 to the Convention on International Civil Aviation. When a State of Design issues an AD, such as the Netherlands CAA's AD N-2005-015 affecting Fokker F50 aircraft, CASA must assess this directive and, if necessary, issue a corresponding Australian AD, such as AD/F50/92, Amendment 2. This process ensures compliance with international standards and maintains safety in Australian civil aviation. The ADs are issued under Australia's obligations to the Convention, and thus, they do not require public consultation or a Regulatory Impact Statement. Instead, they are promulgated by CASA, acting on behalf of the Governor-General under the authority granted by the Act.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to enact regulations that serve the purposes of the Act and prioritise the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby categorising it as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
In terms of obligations, the State of Design, such as the Netherlands in the case of the Fokker F50, holds the primary responsibility for the continuing airworthiness of an aircraft type, including providing necessary information to appropriate States of Registry to maintain airworthiness. The State of Registry, in this case CASA, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft on the Australian Register. Consequently, when a State of Design issues an AD, CASA is obligated to assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to offences that may be prosecuted. The Civil Aviation Safety Regulations 1998 specify penalties for breaches, which can include substantial fines and potential imprisonment. The severity of these penalties underscores the importance of adhering to ADs to maintain safety standards within Australian aviation.
In summary, the ADs issued by CASA are a critical component of the regulatory framework designed to ensure the safety of aircraft operating in Australian airspace. They mandate specific actions to maintain the airworthiness of aircraft and are backed by significant penalties for non-compliance, reflecting the high priority placed on aviation safety.