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 2006-0113 affecting Dassault 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/F2000/20, which will become effective on 28 September 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 regulate civil aviation safety in Australia, providing a framework for the safety of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations for the purposes of the Act, ensuring that these regulations serve the interests of safety. One such regulation, established under the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are legislative instruments and are crucial for maintaining the safety standards of aircraft registered in Australia. CASA, as Australia’s national airworthiness authority, is responsible for ensuring that aircraft meet continuing airworthiness requirements, often by issuing Australian ADs in response to directives from the State of Design or other ICAO Contracting States.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that mandate specific safety measures to ensure the continuing airworthiness of aircraft registered in Australia. The issuance of ADs is in line with Australia’s obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of aircraft types, and the State of Registry is responsible for ensuring that individual aircraft meet airworthiness standards. CASA, as Australia's national airworthiness authority, must evaluate the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. For instance, in response to the European Aviation Safety Authority's AD 2006-0113 concerning Dassault Falcon 2000 model aircraft, CASA has issued Australian AD/F2000/20, effective from 28 September 2006. Due to the international nature of these obligations and the direct response to directives from the State of Design, no public consultation has been required. Additionally, the Office of Regulatory Review has determined that these ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that serve the Act's purposes and the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, as outlined in subregulation 39.001(5) and further defined by section 6 of the Legislative Instruments Act 2003. The issuance of ADs is governed by Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design, such as France for the Dassault Falcon 2000 model aircraft, takes primary responsibility for the continuing airworthiness of an aircraft type. This includes providing necessary information to ensure airworthiness in the States of Registry, such as Australia.
Under the Civil Aviation Safety Regulations 1998, the State of Registry, which in this context is Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When the State of Design issues an AD, CASA, acting as Australia's national airworthiness authority, must assess this information. If deemed necessary, CASA issues its own ADs to mandate the requirements of the State of Design. For example, in response to EASA's AD 2006-0113, CASA issued Australian AD/F2000/20, effective from 28 September 2006. This process is driven by international obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
The obligations imposed by these regulations are clear and stringent. CASA must rigorously assess any ADs issued by the State of Design and ensure that the necessary measures are implemented to maintain airworthiness. Failure to comply with these ADs can have serious consequences. The Civil Aviation Act 1988 and associated regulations impose penalties for non-compliance, which may include fines and other civil or criminal penalties. The exact penalties depend on the severity and nature of the breach, with maximum penalties outlined in the relevant sections of the Act and the regulations. Non-compliance with ADs can lead to severe ramifications, including potential grounding of aircraft, which directly impacts safety and operational standards in the aviation industry.