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 2009-0018 affecting Fokker F50 model aircraft. EASA acts on behalf of The Netherlands, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/F50/98, Amendment 1, which will become effective on 9 April 2009. 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 Manager, Airframes & Structures in the Airworthiness Engineering Group, 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, ensuring safety and efficiency within the aviation sector. One of the key mechanisms provided by the Act is the authority for the Governor-General to make regulations that serve the interests of air navigation safety, as stipulated in section 98. The Civil Aviation Safety Regulations 1998, made under this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. These ADs serve as legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and regulation by the Legislative Instruments Act 2003. The objective of these provisions is to align Australian regulations with international standards, particularly those set by the International Civil Aviation Organization (ICAO), and to ensure the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are intended to ensure the safety of air navigation and are issued in accordance with Annex 8 to the Convention on International Civil Aviation. The ADs mandate that the State of Design, such as the Netherlands in the case of the Fokker F50 model aircraft, provides necessary information to ensure continuing airworthiness, while the State of Registry, which for Australia is CASA, is responsible for ensuring the aircraft’s ongoing compliance with safety standards. The ADs are legislative instruments and, due to their international nature and the fact they respond to directives from the State of Design, do not require public consultation or a Regulatory Impact Statement. CASA issues these ADs to align with international obligations and to maintain the safety standards required by the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, authorises the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. Under subregulation 39.001(5), ADs are classified as disallowable instruments according to section 46A of the Acts Interpretation Act 1901, and consequently, they are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. This legislative framework is designed to ensure that airworthiness directives are issued in a manner consistent with established legal standards.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to assess airworthiness directives issued by the State of Design and to issue corresponding Australian ADs when necessary. The State of Design, in this case The Netherlands for the Fokker F50 model, has the primary responsibility for the continuing airworthiness of the aircraft type, and must provide necessary information to the States of Registry, which include Australia. CASA, as the national airworthiness authority for Australia, must review and, if deemed appropriate, issue an Australian AD to enforce the requirements set by the State of Design. This process ensures that Australian-registered aircraft meet the international safety standards as outlined by the Convention on International Civil Aviation.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered a breach of regulations, leading to potential civil or criminal penalties. The specific penalties for non-compliance may include fines or imprisonment, depending on the severity of the breach and the discretion of the court. For example, the Civil Aviation Act 1988 provides for fines of up to $275,000 for corporations and $55,000 for individuals, in addition to potential imprisonment terms. The enforcement of these penalties is critical to maintaining high safety standards in civil aviation.
Additionally, CASA has the authority to take enforcement actions under the Civil Aviation Safety Regulations 1998. These actions can include the suspension or revocation of an aircraft's certificate of airworthiness, which effectively prevents the aircraft from operating until the required compliance measures are taken. Such actions underscore the importance of adhering to ADs and highlight the regulatory body's commitment to ensuring the safety of air navigation. By clearly defining the obligations and potential consequences, the legislation aims to promote a culture of safety and compliance within the aviation industry.