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 2006-0115 affecting Falcon50, 900 and 2000 series aircraft. EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/AMD 50/35 and AD/F2000/16, 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, focusing on the safety and efficiency of air navigation. This Act empowers the Governor-General to create regulations that serve the interests of air navigation safety. The Civil Aviation Safety Regulations 1998 further operationalise these provisions by enabling the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft and aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. These regulations and directives are integral to meeting Australia’s obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates the State of Design to maintain the airworthiness of aircraft types and for States of Registry to enforce these standards domestically. The ADs issued by CASA reflect the requirement to align Australian regulations with international standards and practices, ensuring the safe operation of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This legislative framework is designed to ensure the safety of air navigation, with the authority to issue ADs stemming from the Civil Aviation Act and being further governed by the Civil Aviation Safety Regulations. These directives are significant as they establish mandatory requirements for the continuing airworthiness of aircraft and aeronautical products registered in Australia. The ADs are considered legislative instruments under the Legislative Instruments Act 2003 and must align with the obligations Australia has under the Convention on International Civil Aviation. In instances where the State of Design issues an AD, CASA, as the national airworthiness authority, is mandated to assess and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards. The issuance of these directives is integral to maintaining the safety and airworthiness of aircraft registered in Australia, reflecting the broader international commitment to aviation safety.
Key Provisions
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 (sections 98 and 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are crucial in ensuring that aircraft maintain their airworthiness throughout their operational lives. Each AD mandates specific actions to be taken to maintain or restore airworthiness, and these directives are issued under the authority of CASA to comply with international standards set by Annex 8 to the Convention on International Civil Aviation. This international framework requires the State of Design to provide continuing airworthiness information, and the State of Registry must implement these directives to ensure compliance with airworthiness standards.
The obligations imposed on the parties governed by these regulations are significant. CASA, as Australia's national airworthiness authority, must meticulously assess any ADs issued by the State of Design, such as the European Aviation Safety Agency (EASA) for certain aircraft types. Upon assessment, CASA is required to issue corresponding Australian ADs to ensure that all aircraft registered in Australia comply with the continuing airworthiness requirements. This process ensures that Australian-registered aircraft meet international safety standards and facilitates the safety and efficiency of air navigation. Additionally, aircraft operators and owners must adhere to the ADs by taking the specified corrective actions within the stipulated timeframes to maintain their aircraft's airworthiness.
Failure to comply with the airworthiness directives can result in serious consequences. Under the Civil Aviation Act 1988, violations of ADs can lead to enforcement actions by CASA. Such actions may include the issuance of fines, suspension or revocation of airworthiness certificates, and other regulatory penalties. The maximum penalties for non-compliance can be substantial, reflecting the critical nature of maintaining airworthiness. Specifically, under section 84A of the Act, CASA has the authority to impose penalties, including fines up to $33,000 for individuals and $165,000 for corporations, for each infringement of ADs. These stringent measures underscore the importance of adhering to airworthiness directives to ensure the safety of air navigation and the protection of all persons involved.