Civil Aviation Act 1988
Civil Aviation Safety Regulations 1998
Exclusion - Fokker F28 Mk 70 aircraft
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
In accordance with paragraph 39.004 (3) (b) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may in writing exclude a particular aircraft or aeronautical product from the operation of an Airworthiness Directive (AD).
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. Before 1 October 2009, when a State of Design issued an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, would assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. Since 1 October 2009, foreign State of Design ADs have been defined as Australian ADs. CASA has issued several ADs which relate to both Fokker F28 Mk 70 and Mk 100 aircraft based on State of Design ADs.
An Australian operator has recently taken delivery of F28 Mk 70 aircraft in Australia and has requested that rather than comply with both Australian and State of Design ADs for the aircraft, that they comply with all State of Design ADs.
As all Australian ADs for this aircraft are based on State of Design ADs and there are no other operators of this particular model of aircraft in Australia, compliance with State of Design ADs ensures a suitable level of safety and a reduced administrative burden on the operator.
Legislative Instruments Act
Subregulation 39.004 (3) of CASR 1998 provides that an Exclusion as issued in accordance with paragraph 39.004 (3) (b) is issued under subsection 98 (5A) of the Act.
Subsection 95 (5B) provides that an instrument issued under subsection 98 (5A) of the Act is a legislative instrument.
Therefore, in accordance with subsection 98 (5B) of the Act, an instrument for an Exclusion is a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003.
Consultation
While there has been no formal consultation process, this instrument has been created at the request of the only affected operator in Australia.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
The instrument commences on 13 June 2012.
The instrument has been made by a delegate of CASA in accordance with subregulation 7 (1) of the Civil Aviation Regulations 1988.
[Instrument number CASA 12/483]