AD/AMD 10/25 Amdt 1 - Wing Anti-Ice Hoses - CANCELLED

Overview

The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes a framework for ensuring the safety of air navigation in Australia. One of the key mechanisms for this is the issuance of airworthiness directives (ADs), which are implemented under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Act authorises the Governor-General to make regulations that serve the interests of air navigation safety, and these regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs. This legislative framework is designed to ensure that aircraft and aeronautical products maintain their airworthiness in accordance with international standards, particularly those set forth in Annex 8 to the Convention on International Civil Aviation. The policy objective of these regulations is to maintain a high standard of safety in the Australian aviation sector by aligning national practices with international obligations and ensuring that any changes in airworthiness requirements are effectively communicated and implemented. In the specific case of AD 2006-0114 issued by the European Union Aviation Safety Agency (EASA) for Dassault Falcon 10 model aircraft, CASA has assessed and determined that the corresponding Australian AD/AMD 10/25 Amendment 1 should be cancelled. This decision aligns with Australia's responsibilities under the Convention on International Civil Aviation and is made in response to the relevant State of Design's AD. Given the nature of this cancellation, which directly responds to an international directive, no public consultation or Regulatory Impact Statement was required. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with the Act's provisions.

Scope and Application

The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are issued in the interest of ensuring air navigation safety and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. ADs represent a legislative instrument as per the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft, as stipulated under Annex 8 to the Convention on International Civil Aviation, where the State of Design bears the primary responsibility for an aircraft type’s airworthiness, while the State of Registry must enforce these standards domestically. In the case of Dassault Falcon 10 model aircraft, the European Aviation Safety Agency (EASA) issued AD 2006-0114, prompting CASA to cancel the corresponding Australian AD/AMD 10/25 Amendment 1, effective from 30 July 2009. Given that this action is in response to an international directive and aligns with Australia's obligations under the Convention, no public consultation was required, and the Office of Regulatory Review has determined that no Regulatory Impact Statement is necessary. The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Group at CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988.

Key Provisions

The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) (section 98, regulation 39.001). These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Moreover, these directives are considered disallowable instruments under the Acts Interpretation Act 1901, and as such, they are classified as legislative instruments in accordance with the Legislative Instruments Act 2003 (regulation 39.001(5)). Under these provisions, the State of Design bears the responsibility for the ongoing airworthiness of an aircraft type and must provide necessary information to ensure this airworthiness, as outlined in Annex 8 of the Convention on International Civil Aviation. Meanwhile, the State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. The obligations imposed on the parties governed by this Act include the responsibility of the State of Design to ensure the continuing airworthiness of aircraft types and provide necessary information to the appropriate States of Registry. The State of Registry, in turn, must establish or adopt requirements to guarantee the continuing airworthiness of aircraft. CASA, as the national airworthiness authority, is required to assess ADs issued by States of Design and, if appropriate, issue corresponding Australian ADs to mandate the necessary requirements. The cancellation of Australian ADs, such as AD/AMD 10/25 Amendment 1 in response to AD 2006-0114 from the European Aviation Safety Agency (EASA), is also an obligation under these regulations. In terms of consequences, breaches of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may result in civil and criminal penalties. However, the specific offences, penalties, or consequences for breaches are not detailed within the provided text. It is worth noting that the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, and no consultation with the Australian public has taken place on the cancellation of ADs, such as AD/AMD 10/25 Amendment 1, due to Australia's obligations under the Convention on International Civil Aviation and the response to an AD issued by the relevant State of Design.