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 AD 98-428-007 affecting Falcon 2000 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/F2000/15, which will become effective on 6 July 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, addresses the regulation of civil aviation in Australia, focusing primarily on ensuring the safety of air navigation. The Act empowers the Governor-General to create regulations that safeguard air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives for specific types of aircraft or aeronautical products. This authority is exercised to ensure the continuing airworthiness of aircraft, aligning with international standards set forth by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Regulations 1998 further clarify that such directives are legislative instruments subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective is to uphold the safety standards and international obligations of Australia in civil aviation, particularly in maintaining the airworthiness of aircraft registered in Australia.
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) pertaining to specific types of aircraft or aeronautical products. These directives are integral to ensuring the continuing airworthiness of aircraft as mandated by international standards, particularly under Annex 8 to the Convention on International Civil Aviation. The State of Design, such as France for the Falcon 2000 model aircraft, holds primary responsibility for the ongoing airworthiness of an aircraft type and must provide necessary information to the State of Registry, in this case Australia, to maintain these standards. CASA, acting as Australia’s national airworthiness authority, evaluates this information and, if necessary, issues corresponding Australian ADs to enforce the requirements outlined by the State of Design. The AD/F2000/15 issued by CASA in response to French AD 98-428-007 exemplifies this process and is made without public consultation as it aligns with Australia’s international obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as provided for under section 98 of the Civil Aviation Act 1988. These ADs serve as legislative instruments, as outlined in subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and are integral to maintaining the safety of air navigation. In line with Annex 8 to the Convention on International Civil Aviation, the State of Design, which is the country responsible for the aircraft type's design, must provide the necessary information to ensure the aircraft's continuing airworthiness. This information is typically conveyed through ADs, which are issued by most ICAO Contracting States.
The obligations under these regulations necessitate that CASA, as Australia’s national airworthiness authority, must review any ADs issued by the State of Design for aircraft types registered in Australia. If deemed necessary, CASA must then issue corresponding Australian ADs to enforce the requirements established by the State of Design. This ensures that the continuing airworthiness of individual aircraft is maintained in accordance with international standards. For instance, following the issuance of French AD 98-428-007 by the French DGAC concerning Falcon 2000 model aircraft, CASA has assessed the directive and issued Australian AD/F2000/15, effective from 6 July 2006.
The Civil Aviation Safety Regulations 1998, as well as the legislative context provided by the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, impose stringent obligations on CASA and other entities involved in ensuring aircraft airworthiness. These obligations include the timely assessment and, where necessary, the issuance of Australian ADs in response to directives from the State of Design. The regulations also specify that no public consultation is required for ADs issued under Australia’s obligations under the Convention on International Civil Aviation, as determined by the Office of Regulatory Review, which has also concluded that such ADs do not necessitate a Regulatory Impact Statement.
Failure to comply with an airworthiness directive can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to civil and criminal penalties. Specifically, CASA has the authority to impose fines and other sanctions on operators who fail to adhere to the requirements set out in the ADs. The maximum penalties for non-compliance can include substantial fines and, in serious cases, criminal charges leading to imprisonment. These provisions underscore the importance of adhering to ADs to maintain the highest standards of aviation safety.