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 2006-0209 affecting Fokker F27 Mk 0050, 0502 and 0604 model aircraft. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/F50/97, which will become effective on 26 October 2006.
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, New Technologies and Systems, 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 provide a legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring safety and efficiency in air navigation. One of the mechanisms established by the Act for maintaining airworthiness is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA), as the national airworthiness authority, is responsible for issuing these directives to ensure that aircraft and aeronautical products maintain their airworthiness. The policy objective of these regulations is to align Australian practices with international standards, particularly those set by the International Civil Aviation Organization (ICAO), ensuring that Australian aviation safety standards are consistent with global best practices. This approach not only supports the safety of air navigation but also facilitates international cooperation in civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, provide authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework applies to entities involved in the design, manufacture, and operation of aircraft within Australia, ensuring compliance with international standards set forth by the Convention on International Civil Aviation. ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the aircraft's airworthiness in accordance with international regulations. CASA, as Australia’s national airworthiness authority, evaluates ADs issued by other states, such as the European Aviation Safety Agency (EASA), and may issue corresponding Australian ADs to enforce these requirements. The issuance of ADs is governed by international obligations and does not require public consultation or a Regulatory Impact Statement. This AD, in particular, pertains to Fokker F27 Mk 0050, 0502, and 0604 model aircraft, reflecting Australia’s commitment to maintaining international aviation safety standards.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products (reg. 39.001). An AD is a legislative instrument, as stated in subregulation 39.001(5) and in accordance with section 6 of the Legislative Instruments Act 2003 (reg. 39.001(5)). This authority is exercised to ensure the safety of air navigation in accordance with section 98 of the Civil Aviation Act 1988.
The Act imposes several obligations and requirements on the parties and entities it governs. The State of Design, such as the European Aviation Safety Agency (EASA), has the responsibility to ensure the continuing airworthiness of aircraft types and must provide necessary information to States of Registry (Annex 8 to the Convention on International Civil Aviation). The State of Registry, such as CASA, must assess the ADs issued by the State of Design and, if necessary, issue an Australian AD to mandate the requirements of the State of Design (Annex 8 to the Convention on International Civil Aviation). CASA, as the national airworthiness authority, must adhere to these directives to ensure the safety and airworthiness of aircraft registered in Australia.
Failure to comply with ADs can result in significant legal consequences. The regulations do not specify particular offences or penalties for non-compliance with ADs, but such non-compliance could potentially lead to enforcement actions by CASA. These actions may include grounding the aircraft, issuing fines, or taking other regulatory measures to ensure compliance with safety standards. It is imperative for aircraft operators and other stakeholders to adhere to these directives to avoid any legal repercussions and to maintain the safety of air navigation.
The AD in question, issued by CASA in response to an AD from EASA, does not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Regulatory Review (Explanatory Statement). This AD, AD/F50/97, will become effective on 26 October 2006 and is a response to AD 2006-0209 issued by EASA for Fokker F27 Mk 0050, 0502, and 0604 model aircraft (Explanatory Statement). The AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act (Explanatory Statement).