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 French DGAC has issued ADs listed in Schedule 1 affecting Dassault Aviation Falcon 2000 and 2000EX Model aircraft. France is the State of Design for these types. CASA has assessed the individual ADs and has issued Australian AD/F2000/14, which will become effective on 8 June 2006. This AD requires compliance with all applicable DGAC ADs listed in Schedule 1.
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.
Schedule 1
DGAC AD Number | Effective Date | Title |
97-185-003(B)R1 | 29 November 1997 | Water Heater Overheat |
1999-267-010(B) | 10 July 1999 | Passenger Oxygen Masks |
2003-084(B) R1 | 12 February 2003 | Fire Protection |
2003-409(B) | 8 November 2003 | Navigation - Hybridated GPIRS Speed |
F-2005-025 | 27 January 2005 | Indicating Recording Systems - NIC (Honeywell EPIC Network Interface Controllers) Timing Issues |
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for effective oversight and safety measures in the rapidly evolving field of aviation. The Act establishes the Civil Aviation Authority of Australia (CASA) as the national airworthiness authority and grants it the power to make regulations to ensure the safety of air navigation. In 1998, the Civil Aviation Safety Regulations were introduced to further operationalise the Act, with regulation 39.001 authorising CASA to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. The objective of these ADs is to maintain the airworthiness of aircraft by mandating compliance with specific safety requirements.
The issue of airworthiness directives, such as AD/F2000/14 issued in response to ADs from the French DGAC, is a critical component of Australia's commitment to international civil aviation standards as outlined in the Convention on International Civil Aviation. The AD/F2000/14 mandates compliance with French ADs concerning Dassault Aviation Falcon 2000 and 2000EX Model aircraft, reflecting Australia's adherence to global safety protocols and the shared responsibility of the State of Design and the State of Registry for ensuring aircraft airworthiness. This legislative instrument was made under the authority of CASA, without public consultation, as it is deemed not to require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, mandates that the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and fall under the purview of the Legislative Instruments Act 2003. They serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft types as outlined in Annex 8 of the Convention on International Civil Aviation. The State of Design, such as France in this instance, has the primary responsibility for issuing ADs for aircraft types, while the State of Registry, represented by CASA in Australia, is responsible for implementing these directives. CASA issues Australian ADs when required, such as AD/F2000/14 in response to ADs issued by the French DGAC for Dassault Aviation Falcon 2000 and 2000EX aircraft. This process does not require public consultation or a Regulatory Impact Statement, reflecting the international obligations and the specific nature of the regulatory response.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are intended to ensure the continued safety and airworthiness of aircraft, in line with international obligations and domestic requirements. As per subregulation 39.001(5), ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and, as such, they are legislative instruments governed by the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant. The State of Design, which is responsible for the original design and type certification of the aircraft, must provide necessary information to ensure the continuing airworthiness of the aircraft type. This information typically comes in the form of ADs. For aircraft registered in Australia, CASA, as the national airworthiness authority, is responsible for assessing the information provided by the State of Design and, if necessary, issuing an Australian AD to enforce the required safety measures. This ensures that all aircraft registered in Australia comply with the necessary safety standards.
Failure to comply with ADs can result in severe consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline various civil and criminal penalties for non-compliance with ADs. These penalties can include fines and imprisonment, depending on the severity of the non-compliance and the risk posed to public safety. For instance, operating an aircraft that does not comply with an AD can result in significant penalties, as the ADs are designed to address specific safety issues that, if left unaddressed, could lead to accidents or other safety incidents.
In summary, the Civil Aviation Safety Regulations 1998 mandate that CASA can issue ADs to ensure the continuing airworthiness of aircraft registered in Australia, in accordance with international standards. The State of Design must provide necessary information, and CASA must then assess and enforce these requirements. Non-compliance with ADs can lead to severe civil and criminal penalties, highlighting the importance of adhering to these safety directives.