CASA 12/483 - Exclusion - Fokker F28 Mk 70 aircraft

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 safety and efficiency. One significant aspect of this legislation is the ability of the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Specifically, under section 98, the Governor-General can delegate the power to the Civil Aviation Safety Authority (CASA) to make regulations, which include the authority to exclude certain aircraft or aeronautical products from the operation of an Airworthiness Directive (AD). This legislative provision aims to address the need for flexibility in airworthiness regulations to accommodate specific circumstances while maintaining safety standards. The Civil Aviation Safety Regulations 1998 further elaborate on these powers, particularly under subregulation 39.004(3)(b), allowing CASA to exclude a particular aircraft from the operation of an AD. This exclusion mechanism was introduced to manage the administrative burden on operators and ensure continued safety by aligning compliance requirements with international standards.

Scope and Application

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the safety and airworthiness of aircraft in Australia, with the Civil Aviation Safety Authority (CASA) acting as the national airworthiness authority. Under section 98 of the Act, the Governor-General has the authority to make regulations, including those that exclude certain aircraft or aeronautical products from Airworthiness Directives (ADs) as per subregulation 39.004(3)(b) of the CASR 1998. This authority is exercised by CASA to manage the continuing airworthiness of aircraft types registered in Australia. Notably, the Act allows CASA to exclude specific aircraft, such as the Fokker F28 Mk 70, from the application of ADs if it is deemed that compliance with the State of Design ADs alone provides an adequate safety standard. This exclusion is particularly relevant for the sole Australian operator of the Fokker F28 Mk 70, reducing their administrative burden while maintaining safety standards. The legislative instrument created under this exclusion is subject to parliamentary scrutiny and disallowance under the Legislative Instruments Act 2003, and it has been determined to be compatible with human rights and freedoms as per the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998 (CASR 1998), provides the framework for ensuring the safety of air navigation in Australia. Under section 98(5A) of the Act, the Governor-General has the authority to make regulations that serve the interests of safety in air navigation, and these regulations can be enforced by the Civil Aviation Safety Authority (CASA). The CASR 1998, specifically under subregulation 39.004(3)(b), allows CASA to exclude a particular aircraft or aeronautical product from the operation of an Airworthiness Directive (AD). This exclusion can be exercised when it is deemed that compliance with the AD is not necessary for the continuing airworthiness of the aircraft. The obligations imposed by this legislation on the parties involved are primarily concerned with maintaining the airworthiness of aircraft. The State of Design has the overarching responsibility for ensuring the continuing airworthiness of a particular aircraft type, as outlined in Annex 8 of the Convention on International Civil Aviation. This includes providing necessary information to the States of Registry, which must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within their jurisdiction. In the case of the Fokker F28 Mk 70 aircraft, the operator has requested to comply with State of Design ADs instead of Australian ADs, which have been based on these foreign directives. Given the unique circumstances of this aircraft type and the lack of other operators in Australia, CASA has determined that compliance with the State of Design ADs is sufficient to maintain an acceptable level of safety. The consequences for breach of the provisions outlined in the Civil Aviation Act 1988 and the CASR 1998 can be significant. Failure to comply with airworthiness directives can result in serious safety risks, leading to potential enforcement actions by CASA. While the specific penalties for non-compliance are not detailed in the text, the general framework of the Act allows for a range of civil and criminal penalties. The legislative instrument that provides for the exclusion of the Fokker F28 Mk 70 aircraft from certain ADs is subject to parliamentary scrutiny and must be tabled and potentially disallowed under the Legislative Instruments Act 2003. This ensures that any significant changes to airworthiness regulations are subject to appropriate oversight and review. The creation of this legislative instrument was not preceded by a formal consultation process, as it was specifically requested by the sole operator of the Fokker F28 Mk 70 in Australia. Despite this, the instrument has been crafted to align with the human rights and freedoms recognised in international instruments, as required by the Human Rights (Parliamentary Scrutiny) Act 2011. This instrument sets out specific technical requirements and does not impinge upon any recognised rights or freedoms. It is effective from 13 June 2012 and has been issued by a delegate of CASA, in accordance with the Civil Aviation Regulations 1988.