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.
The EASA has issued AD 2006-0157 affecting Dassault Aviation Falcon 900EX and 2000EX aircraft. EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/AMD 50/36 and AD/F2000/18, which will become effective on 3 August 2006.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been 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.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, serves to regulate civil aviation in Australia with a primary focus on ensuring the safety and efficiency of air navigation. To this end, the Act provides the authority for the Governor-General to establish regulations that support the Act's objectives, including the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the Act, specifically empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are legislative instruments that mandate compliance to maintain the continuing airworthiness of aircraft, aligning with international standards set forth by the International Civil Aviation Organization (ICAO). The issuance of these directives is integral to Australia's commitment to international aviation safety standards and the effective management of aircraft safety on the Australian Register.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation within Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments that mandate compliance to ensure the continuing airworthiness of aircraft. The ADs are issued under the authority of the Governor-General and are necessary for maintaining safety standards in line with international obligations under the Convention on International Civil Aviation. The scope of these regulations applies to all aircraft registered in Australia, including those designed by foreign entities but operating within Australian jurisdiction. The issuance of ADs is a direct response to actions taken by the State of Design, such as the European Aviation Safety Agency (EASA) in the case of Dassault Aviation Falcon 900EX and 2000EX aircraft. CASA reviews and, where necessary, issues corresponding Australian ADs to align with international directives, ensuring that Australian aviation standards are met.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This is done in accordance with section 98 of the Civil Aviation Act 1988 and in the interest of ensuring the safety of air navigation. An AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003 and is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
These ADs are critical for maintaining the continuing airworthiness of aircraft as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which in this case is the European Aviation Safety Agency (EASA) for Dassault Aviation Falcon 900EX and 2000EX aircraft, has the primary responsibility to provide necessary information to ensure the airworthiness of aircraft types. The State of Registry, which in this context is Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. Therefore, when EASA issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to implement the requirements stipulated by the State of Design.
The obligations imposed on the parties by these regulations are quite clear. CASA, as the national airworthiness authority, must rigorously assess any AD issued by the State of Design and determine if it is applicable to aircraft registered in Australia. If the AD is deemed necessary, CASA must then issue an Australian AD to enforce the compliance requirements. Aircraft operators and owners must adhere to these ADs and ensure that any required modifications or inspections are conducted in a timely manner to maintain the airworthiness of their aircraft.
Breach of these requirements can lead to significant consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in civil penalties, including fines. The specific penalties are not detailed in the regulations but generally can be substantial. Additionally, the continued operation of an aircraft that does not comply with an AD may pose a safety risk, potentially leading to criminal charges if the non-compliance results in an aviation incident or accident. The safety of air navigation is paramount, and any failure to adhere to the airworthiness directives can have serious ramifications both legally and in terms of safety.