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 Civil Aviation Authority Netherlands (CAA-NL) has issued AD NL-2007-002 affecting Fokker F28 Mk 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/F50/98, which will become effective on 13 March 2008.
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 Acting Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to ensure the safety and efficiency of civil aviation in Australia, empowers the Governor-General to make regulations for the purposes of the Act, particularly in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are intended to mandate compliance with airworthiness standards set by the State of Design, ensuring that aircraft meet the necessary safety requirements. CASA, as Australia’s national airworthiness authority, is obligated to assess information provided by the State of Design and issue corresponding ADs as needed. The Civil Aviation Authority Netherlands recently issued an AD affecting Fokker F28 aircraft models, which CASA has assessed and will implement as Australian AD/F50/98, effective from 13 March 2008. This action underscores Australia's commitment to international civil aviation standards and obligations under the Convention on International Civil Aviation.
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 types of aircraft or aeronautical products, as outlined in regulation 39.001. These ADs are legislative instruments that aim to ensure the continuing airworthiness of aircraft, as required under Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for ensuring the airworthiness of an aircraft type, while the State of Registry, in this case CASA, is responsible for the airworthiness of individual aircraft on the Australian Register. When an AD is issued by the State of Design, CASA must assess the information and, if deemed necessary, issue an Australian AD to mandate the requirements. This process is exemplified by CASA's issuance of AD/F50/98 in response to the AD NL-2007-002 issued by the Civil Aviation Authority Netherlands for Fokker F28 aircraft models. Given that this AD is a direct response to international obligations and the issuing State of Design, no consultation with the Australian public was undertaken, and the Office of Best Practice Regulation has determined that it does not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 provides the overarching legislative framework within which the Civil Aviation Safety Regulations 1998 operate. Specifically, section 98 of the Act allows the Governor-General to create regulations that serve the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The process for issuing ADs is grounded in international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the responsibility to ensure the continuing airworthiness of an aircraft type, and the State of Registry must enforce these requirements for individual aircraft.
Under the Civil Aviation Safety Regulations 1998, CASA, as Australia’s national airworthiness authority, is obligated to assess information from the State of Design when an AD is issued. If deemed necessary, CASA must issue an Australian AD to enforce the requirements set forth by the State of Design. This was the case with AD NL-2007-002 issued by the Civil Aviation Authority Netherlands (CAA-NL) for Fokker F28 Mk 050, 0502, and 0604 model aircraft. As the Netherlands is the State of Design, CASA assessed the directive and issued Australian AD/F50/98, which took effect on 13 March 2008. Because this AD is a response to international obligations and a directive from the relevant State of Design, no public consultation was required, and a Regulatory Impact Statement was deemed unnecessary by the Office of Best Practice Regulation. The AD was issued by the Acting Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties governed by the AD include compliance with the mandated requirements for airworthiness. For example, if Australian AD/F50/98 requires specific maintenance actions or modifications, operators of Fokker F28 Mk 050, 0502, and 0604 aircraft must adhere to these requirements to ensure the continuing airworthiness of their aircraft. Failure to comply with ADs can lead to serious consequences. The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 both outline offences and penalties for non-compliance with ADs. For instance, failure to comply with an AD can result in civil penalties, including fines, and may also lead to criminal charges in cases of gross negligence or willful disregard of safety regulations. The specific penalties are determined based on the severity of the breach and can vary accordingly.