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 2006-0148 affecting Falcon 2000 model aircraft. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/F2000/19, 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, Airframes 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 establish and regulate the civil aviation system in Australia, ensuring the safety and efficiency of air navigation and operations. As part of this framework, the Civil Aviation Safety Regulations 1998 were introduced to provide detailed safety standards and procedures. Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products. These directives are a legislative instrument under the Legislative Instruments Act 2003 and serve to address the need for ongoing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation. The policy objective is to ensure that aircraft maintain a safe standard of airworthiness in accordance with international obligations and best practices.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to all aircraft registered in Australia, as well as to any aeronautical products used in Australian aviation. Under these legislative frameworks, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, in line with international standards and obligations under the Convention on International Civil Aviation. ADs are legislative instruments that mandate specific safety measures or actions to ensure the continuing airworthiness of aircraft. In this context, the State of Design, such as France for the Falcon 2000 model aircraft, has the primary responsibility for issuing ADs for their aircraft designs, and the State of Registry, in this case Australia, must adopt and enforce these directives to ensure compliance within its jurisdiction. The ADs are issued without public consultation as they are based on international obligations and expert assessments. The issuing and enforcement of these directives are overseen by CASA, acting under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 are sections 39.001 and 39.001(5), which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that serve the interests of air navigation safety. Section 46A of the Acts Interpretation Act 1901, in conjunction with section 6 of the Legislative Instruments Act 2003, designates these ADs as disallowable instruments and legislative instruments, respectively.
The obligations imposed by these provisions include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, as Australia’s national airworthiness authority, is required to assess any airworthiness information provided by the State of Design and, if deemed appropriate, issue corresponding Australian ADs to mandate the necessary requirements.
Failure to comply with an AD can result in significant consequences. Under section 96 of the Civil Aviation Act 1988, operating an aircraft that does not comply with an AD can be considered an offence, subjecting the operator to criminal penalties. The severity of these penalties can vary but may include substantial fines or imprisonment, depending on the gravity of the non-compliance. Additionally, the aircraft itself could be grounded or restricted from flight until it meets the required airworthiness standards, potentially leading to substantial operational disruptions and financial losses for the operator.
The AD process, while stringent, ensures that safety standards are uniformly applied across international borders, fostering a cooperative approach to air safety. The lack of public consultation or a Regulatory Impact Statement for these directives stems from their nature as international obligations under the Convention on International Civil Aviation. This streamlined approach ensures timely responses to emerging safety concerns without bureaucratic delays.