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 2007-0073 affecting Dassault Aviation Falcon 900EX and 2000EX model aircraft. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/AMD 50/21 and AD/F2000/20 which will become effective on 10 May 2007
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 for the regulation of civil aviation in Australia, with a particular emphasis on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, and these regulations must align with the overarching objective of maintaining the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998 were established, which include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft types. This legislative framework is integral to Australia's compliance with international standards, particularly under Annex 8 of the Convention on International Civil Aviation, which mandates the State of Design's responsibility for the continuing airworthiness of aircraft types and requires States of Registry to implement necessary measures to maintain this airworthiness. CASA, as Australia's national airworthiness authority, issues Australian ADs in response to directives from the relevant State of Design, ensuring that Australian aircraft meet international safety standards.
Scope and Application
The Civil Aviation (Safety) Regulations 1998, made 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, ensuring compliance with safety standards. These directives are considered legislative instruments under the Legislative Instruments Act 2003, thereby mandating adherence to any prescribed requirements. The application of these ADs is not limited to a specific geographic area but extends nationally, aligning with Australia’s commitments under the Convention on International Civil Aviation. Notably, ADs are issued in response to actions by the State of Design, such as the European Union Aviation Safety Agency (EASA) in this case, which is responsible for certain Dassault Aviation models. CASA, as Australia’s national airworthiness authority, assesses these foreign directives and, if necessary, issues corresponding Australian ADs to ensure the continuing airworthiness of aircraft registered in Australia. This process underscores the collaborative nature of international aviation safety regulation, with CASA’s actions driven by international obligations rather than domestic consultation processes.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, particularly in relation to airworthiness directives, allow the Governor-General to make regulations for the safety of air navigation (section 98). Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003 (section 6). Furthermore, subregulation 39.001(5) specifies that such directives are disallowable instruments under the Acts Interpretation Act 1901 (section 46A).
The Act imposes significant obligations on CASA and the State of Registry concerning the continuing airworthiness of aircraft. CASA, as Australia’s national airworthiness authority, is mandated to assess and potentially issue Australian airworthiness directives when the State of Design issues such directives for aircraft types on the Australian Register. This ensures that Australian aircraft meet international standards for safety and airworthiness. The State of Registry is also responsible for developing or adopting requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. This includes implementing any necessary actions arising from airworthiness directives issued by the State of Design.
Failure to comply with airworthiness directives can lead to severe consequences, including potential criminal and civil penalties. Although specific penalties for non-compliance with airworthiness directives are not detailed in the provided text, non-compliance with regulations under the Civil Aviation Act 1988 can result in significant fines and imprisonment. For instance, under section 25 of the Act, a person can be fined up to $22,200 for breaching certain provisions related to aircraft operations. Moreover, the Act provides for the imposition of administrative penalties, which can be substantial depending on the severity of the breach.
The legislative framework surrounding airworthiness directives, as outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, ensures that aircraft operating within Australia meet stringent safety standards. These regulations reflect Australia’s commitment to international aviation safety standards under the Convention on International Civil Aviation, thereby enhancing the safety and reliability of air travel.