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-2006-009 R1 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/F50/96, Amendment 1, which will become effective on 23 November 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 establish a legislative framework governing civil aviation in Australia, addressing issues related to the safety and regulation of air navigation. The Act provides the authority for the Governor-General to make regulations in the interests of safety, including the issuance of airworthiness directives (ADs). Complementing this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, thereby ensuring that all aircraft operating in Australia meet required safety standards. The ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, reflecting their formal status and the importance of their role in maintaining airworthiness. This legislation responds to Australia's obligations under international agreements, such as Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for the continuing airworthiness of aircraft types to their State of Design, with States of Registry ensuring compliance through national ADs.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for the regulation of airworthiness in Australia. This legislation applies to aircraft registered in Australia, the operators of these aircraft, and other entities involved in the aviation industry, such as aircraft manufacturers and maintenance organisations. The regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products, ensuring the continuing safety of air navigation. These ADs are legislative instruments, subject to disallowance, and are designed to align with international standards set by the Convention on International Civil Aviation, specifically under Annex 8, which mandates that the State of Design bears the responsibility for an aircraft type's continuing airworthiness. CASA, as Australia's national airworthiness authority, is required to assess and, where necessary, issue Australian ADs to enforce the requirements of the State of Design. In the case of AD NL-2006-009 R1 issued by the Netherlands for the Fokker F50 model aircraft, CASA has issued an equivalent Australian AD to ensure compliance with international standards and Australian regulations. The AD process does not require public consultation or a Regulatory Impact Statement, reflecting its technical nature and alignment with international obligations.
Key Provisions
The Civil Aviation Act 1988, particularly under section 98, authorises the Governor-General to enact regulations that are in the interest of air navigation safety. Under this authority, the Civil Aviation Safety Regulations 1998 (CASR) were made, with regulation 39.001 allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the ADs are primarily focused on ensuring the continuing airworthiness of aircraft. According to Annex 8 of the Convention on International Civil Aviation, the State of Design, which in this case is the Netherlands for the Fokker F50 model, holds the primary responsibility for the ongoing airworthiness of an aircraft type and must supply necessary information to the State of Registry. The State of Registry, which is Australia in this instance, must adopt or develop requirements to ensure that the aircraft remain airworthy. When an AD is issued by the State of Design, CASA must assess the directive and, if deemed necessary, issue a corresponding Australian AD to enforce the State of Design's requirements.
Failure to comply with an AD can result in serious civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to enforcement actions against the aircraft operator, including fines or other penalties as prescribed by the Act. The severity of the penalties can vary depending on the nature and extent of the non-compliance, but the potential for significant financial and legal repercussions underscores the importance of adhering to the ADs. Additionally, continued operation of an aircraft that does not comply with an AD may lead to severe safety risks, which could result in more severe legal actions against both the operator and the individual pilot in command.