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

Overview

The Civil Aviation Act 1988 was enacted to establish a comprehensive regulatory framework for civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act provides the foundation for the issuance of regulations, including airworthiness directives (ADs), which are critical for maintaining the safety and airworthiness of aircraft. The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, ensuring that these regulations are consistent with Australia's international obligations under the Convention on International Civil Aviation. The authority to issue these ADs lies with the Governor-General, acting under the provisions of the Civil Aviation Act, and these directives are subject to disallowance under the Acts Interpretation Act 1901. The objective of these regulations is to mandate compliance with safety standards, thereby safeguarding the continuing airworthiness of aircraft registered in Australia.

Scope and Application

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, aimed at ensuring the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations necessary for air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901. The ADs are issued in compliance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, including Australia. CASA, as Australia's national airworthiness authority, must evaluate the information provided by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements. In the case of the European EASA AD EASA.A.AD.01001 affecting Dassault Aviation Falcon 10 aircraft, CASA has amended the corresponding Australian AD to Amendment 1, which will become effective on 05 July 2005, cancelling and replacing the previous issue. This AD was issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, thus no public consultation was necessary, and no Regulatory Impact Statement was required.

Key Provisions

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations to ensure the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are legislative instruments in accordance with the Legislative Instruments Act 2003. Under these provisions, the State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure the safety of the aircraft to the State of Registry. The State of Registry is then responsible for the continuing airworthiness of the individual aircraft and must develop or adopt requirements to ensure this. In the context of Australia, CASA, as the national airworthiness authority, is required to assess information from the State of Design and, if necessary, issue an Australian AD to mandate the requirements for aircraft on the Australian Register. In response to a request from the industry, CASA amended the Australian AD for Dassault Aviation Falcon 10 aircraft, originally issued in June 2005 by the European EASA. This amendment, AD/AMD 10/25 Amendment 1, replaces the previous AD and will become effective on 05 July 2005. Given that this AD is issued due to Australia’s obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, there was no consultation of the Australian public on this AD. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act. Failure to comply with an airworthiness directive can lead to severe consequences. Under the Civil Aviation Act 1988, the operation of an aircraft in contravention of an AD is an offence. If an aircraft is operated in a way that contravenes an AD, the person in charge of the aircraft may be liable to a civil penalty. The maximum penalty for each contravention can be significant, reflecting the importance of adhering to ADs to maintain safety standards. Furthermore, non-compliance could also lead to criminal charges, especially if the contravention results in a serious safety incident. CASA has the authority to take enforcement action against non-compliance, which may include grounding the aircraft or imposing fines. These provisions underscore the critical importance of adhering to airworthiness directives to ensure the safety of air navigation.