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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/TBM 700/41 Amdt 1 affecting Fokker F100 (F28 Mk 100) series aeroplanes. The EASA issued AD 2009-0214 on 6 October 2009 which supersedes the requirements of AD/TBM 700/41 Amdt 1. EASA acts on behalf of France, the State of Design for these aircraft. AD/TBM 700/41 Amdt 1 has been cancelled as a result. The cancellation will become effective on 20 October 2009.
No consultation with the Australian public has taken place on this AD cancellation. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate civil aviation in Australia with a strong emphasis on safety. The Act empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation, with the Civil Aviation Safety Regulations 1998 implementing detailed safety standards. One such regulation, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives play a crucial role in maintaining the continuing airworthiness of aircraft, in line with international standards set by the International Civil Aviation Organization (ICAO). The policy objective is to ensure that aircraft registered in Australia meet stringent safety standards, thereby protecting public safety and maintaining the integrity of the national airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives apply to specific types of aircraft or aeronautical products, mandating compliance with the safety standards set forth by the relevant State of Design. CASA, as Australia's national airworthiness authority, must review and, if appropriate, issue Australian ADs to align with the requirements of the State of Design. The application of these ADs is mandatory for all aircraft registered in Australia that fall under the specified categories. The geographic reach of these regulations is national, ensuring that all aircraft operating within Australia adhere to the prescribed safety standards. It is also important to note that ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This legislative framework ensures that ADs are issued and enforced in accordance with the overarching safety objectives of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations that serve the interests of air navigation safety. This provision is critical for ensuring that the standards set forth are in line with the overarching goal of maintaining safety within the civil aviation sector. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further delineates that the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are not only integral to maintaining safety but also classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them subject to legislative scrutiny and control.
Under the obligations imposed by these regulations, CASA must carefully evaluate any ADs issued by the State of Design, which, for the Fokker F100 (F28 Mk 100) series aeroplanes, is France. If deemed necessary, CASA is required to issue corresponding Australian ADs that mandate the compliance of these aircraft with the safety standards set by the State of Design. The State of Registry, which in this context would be Australia, is tasked with ensuring the continuing airworthiness of the aircraft registered within its territory. This includes adopting or developing the necessary requirements to enforce the ADs, ensuring that all aircraft meet the safety benchmarks established by the regulatory body.
Breaches of these airworthiness directives could result in significant legal consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties could involve imprisonment, depending on the severity of the non-compliance and its impact on safety. The specific penalties are not detailed in the provided text, but they underscore the importance of adhering to the ADs to avoid legal repercussions. CASA's role in issuing these directives and ensuring compliance is therefore crucial in upholding the safety standards of the aviation industry.