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 European Aviation Safety Authority (EASA) has issued AD 2009-0126 affecting Dassault Aviation Falcon 900EX model aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/AMD 50/47, Amendment 1, which will become effective on
27 August 2009. This AD cancels and replaces the previous issue.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to govern the safety and regulation of civil aviation in Australia, allows the Governor-General to make regulations that serve the interests of air navigation safety. Within this legislative framework, the Civil Aviation Safety Regulations 1998 provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003. CASA has issued Australian AD/AMD 50/47, Amendment 1, in response to EASA AD 2009-0126, which pertains to the Dassault Aviation Falcon 900EX model aircraft. This action is mandated by Australia's commitments under the Convention on International Civil Aviation, and it reflects the State of Registry's responsibility for ensuring the continuing airworthiness of aircraft registered in Australia. As this directive aligns with international obligations and has been assessed by CASA, it was made without public consultation and does not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority conferred by the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments designed to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international standards as stipulated in Annex 8 to the Convention on International Civil Aviation. The ADs are primarily a mechanism through which CASA, as Australia's national airworthiness authority, responds to directives issued by the State of Design, in this case, France, represented by the European Aviation Safety Authority (EASA). The ADs are mandatory and must be adhered to by all entities involved in the operation of the specified aircraft types to maintain compliance with safety standards. This regulatory approach ensures that aircraft meet the necessary safety criteria, thereby safeguarding air navigation within Australia's jurisdiction.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework ensures that aircraft maintain their airworthiness throughout their operational life. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation on the parties involved are significant. The State of Design, such as France in the case of the Dassault Aviation Falcon 900EX model, bears the responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry, including Australia. In turn, the State of Registry, which for Australia is CASA, must ensure that the requirements set forth by the State of Design are met and appropriately enforced through national ADs. CASA must assess the ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to ensure compliance with international standards.
Failure to comply with the provisions of an AD can lead to serious consequences. Non-compliance with an AD may result in enforcement actions, which can include fines, penalties, or legal proceedings. The specific penalties for non-compliance are not detailed in the given text, but generally, civil aviation regulations can impose substantial financial penalties, and in severe cases, aircraft may be grounded until compliance is achieved. Such enforcement actions are intended to ensure that all aircraft meet the necessary safety standards and to prevent any risk to public safety.
In summary, the ADs issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are crucial for maintaining the safety and airworthiness of aircraft. The obligations placed on the States of Design and Registry, along with CASA’s role in enforcing these directives, are designed to uphold high safety standards in line with international conventions. While the specific penalties for non-compliance are not detailed here, the enforcement actions underscore the seriousness with which these regulations are regarded.