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 2008-0178 affecting Dassault Falcon 2000 and 2000EX series aircraft. France is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/F2000/33, which will become effective on
15 January 2009.
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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 is the primary piece of legislation governing civil aviation in Australia. One significant amendment to this Act is the Civil Aviation Safety Regulations 1998, which was introduced to address the need for stringent safety regulations in the aviation industry. The Australian Parliament enacted these regulations to ensure that all aspects of civil aviation in Australia adhere to the highest safety standards, in line with international norms. One of the key mechanisms established by these regulations is the issuance of airworthiness directives (ADs), which are formal instructions issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft. These ADs are critical in maintaining the safety and reliability of aircraft operating within Australia and are issued in accordance with the provisions of Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has overall responsibility for the continuing airworthiness of aircraft types. The policy objective of these regulations is to ensure that all aircraft and aeronautical products meet the necessary safety standards, thereby protecting the public and enhancing the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products, with the primary objective of ensuring the safety of air navigation. These directives are issued in accordance with the obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the aircraft's continuing airworthiness. As Australia’s national airworthiness authority, CASA is mandated to assess information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. For instance, following the issuance of AD 2008-0178 by the European Aviation Safety Agency (EASA) concerning Dassault Falcon 2000 and 2000EX series aircraft, CASA issued Australian AD/F2000/33, which will take effect on 15 January 2009. Given that this AD arises from international obligations and is a response to an AD from the relevant State of Design, there was no consultation with the Australian public, and the Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that align with the Act's objectives, specifically focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This provision ensures that aircraft maintain a safe standard of airworthiness. Subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are integral to the continuing airworthiness of aircraft. The State of Design, which is responsible for the aircraft type, must provide necessary information to ensure safety, as stipulated in Annex 8 of the Convention on International Civil Aviation. The State of Registry, which is responsible for the individual aircraft, must adopt or develop requirements to maintain airworthiness. When the State of Design issues an AD, CASA must evaluate the directive and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
In the specific case of Dassault Falcon 2000 and 2000EX series aircraft, the European Aviation Safety Agency (EASA) issued AD 2008-0178. France, as the State of Design, initiated this directive. CASA has assessed and issued Australian AD/F2000/33, which will be effective from 15 January 2009. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, there has been no consultation with the Australian public. The Office of Regulatory Review has concluded that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Under the Civil Aviation Safety Regulations 1998, non-compliance with an AD can result in significant legal consequences. Failure to comply with the requirements of an AD can lead to serious safety risks, and CASA may take enforcement actions against the operator or owner of the affected aircraft. Penalties for non-compliance can include fines and potential grounding of the aircraft, which can have severe financial and operational implications. The severity of the penalties reflects the importance of adhering to airworthiness directives to maintain the safety standards required by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.