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 Agency (EASA) has issued AD 2006-0003 affecting Dassault Aviation Falcon 2000 and 2000EX model aircraft. EASA has identified a design deficiency in the aircraft whereby chafing of electrical wire bundles may result in an oxygen driven fire in the cockpit. The State of Design for this aircraft, France, has not yet taken action to correct this unsafe condition. CASA has assessed this AD and has issued Australian AD/F2000/2, which will become effective on 6 February 2006.
CASA has not consulted with the Australian industry and public due to the urgency of the action.
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. The Act grants the Governor-General the authority to make regulations that serve the interests of air navigation safety, as per section 98. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, as stipulated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments according to the Legislative Instruments Act 2003.
The Civil Aviation Act 1988 and the associated regulations were designed to address the need for a cohesive regulatory framework that ensures the safety and airworthiness of aircraft within Australia. This includes the obligation for the State of Design to provide necessary information for the continuing airworthiness of an aircraft type, as per Annex 8 of the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is tasked with assessing information from the State of Design and issuing appropriate Australian ADs to mandate the necessary requirements for airworthiness. In the case of AD/F2000/2 issued by CASA in response to EASA’s AD 2006-0003 concerning Dassault Aviation Falcon 2000 and 2000EX model aircraft, the urgency of the situation precluded consultation with the Australian industry and public. The Manager, New Technologies and Systems, in CASA’s Manufacturing, Certification and New Technologies Office, made the AD on behalf of CASA, in accordance with the Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, which were made under section 98 of the Civil Aviation Act 1988, establish the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). According to regulation 39.001, CASA has the authority to issue ADs for specific types of aircraft or aeronautical products. An AD is considered a disallowable instrument under the Acts Interpretation Act 1901 and is classified as a legislative instrument in accordance with the Legislative Instruments Act 2003. The ADs are integral to ensuring the continuing airworthiness of aircraft and are issued in compliance with Annex 8 of the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of aircraft types on the State of Design and on the State of Registry for individual aircraft. In this instance, CASA has issued Australian AD/F2000/2 in response to a design deficiency identified by the European Aviation Safety Agency (EASA) in Dassault Aviation Falcon 2000 and 2000EX model aircraft, mandating corrective measures to address the identified safety concern.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001(5) (section 98). These ADs, which are legislative instruments, are designed to ensure the ongoing airworthiness of aircraft. The State of Design, which is the country where the aircraft type was designed, holds the primary responsibility for the continuing airworthiness of the aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the aircraft's continuing airworthiness. If a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The obligations imposed on the parties governed by this legislation include the State of Design's responsibility to provide necessary information to ensure the continuing airworthiness of a type to appropriate States of Registry. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of aircraft, and CASA must assess and, if appropriate, issue an Australian AD. Additionally, the State of Registry is responsible for ensuring the ongoing airworthiness of individual aircraft and must comply with any ADs issued by CASA. These requirements ensure that aircraft meet safety standards and maintain airworthiness throughout their operational lifespan.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant consequences. Under section 560 of the Civil Aviation Act 1988, any person who contravenes a provision of the Act or the regulations may be liable for a civil penalty of up to $275,000 for a corporation and $55,000 for an individual. Furthermore, under section 562 of the Act, any person who contravenes a direction given under the Act may be liable for a civil penalty of up to $110,000 for a corporation and $22,000 for an individual. These penalties underscore the importance of compliance with aviation safety regulations to ensure the safety of air navigation.