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 French DGAC has issued AD 98-391-006(B) affecting Falcon 2000 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/F2000/4, which will become effective on 16 March 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 provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for a unified and robust system to ensure safety and efficiency in air navigation. This Act empowers the Governor-General to make regulations that serve the interests of safety in air navigation, with a significant focus on the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further detail the procedures and standards necessary to uphold these safety objectives, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain the safety and airworthiness of aircraft registered in Australia. This legislative framework is designed to align with international standards, particularly those set forth in Annex 8 to the Convention on International Civil Aviation, thereby facilitating cooperation and compliance among ICAO Contracting States.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives serve as legislative instruments, mandated by the international obligations of the Convention on International Civil Aviation, particularly under Annex 8, which places responsibility on the State of Design to ensure the continuing airworthiness of aircraft types. In Australia, CASA, as the national airworthiness authority, must review and, if necessary, issue corresponding ADs to enforce the requirements set by the State of Design. The issuance of ADs, such as the Australian AD/F2000/4 in response to the French AD 98-391-006(B) for Falcon 2000 model aircraft, is a direct result of these international obligations and does not require public consultation. Furthermore, the Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement. The AD is issued by the Manager, Airframes in CASA's Manufacturing, Certification and New Technologies Office, in accordance with the legislative framework provided by the Act.
Key Provisions
Under the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that promote the safety of air navigation (section 98). One of these regulations, found in 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. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is also a legislative instrument as per section 6 of the Legislative Instruments Act 2003 (section 39.001(5)). These directives are critical for ensuring the continuing airworthiness of aircraft and are issued by most states that are party to the Convention on International Civil Aviation (Annex 8).
The State of Design, or the country where the aircraft is designed, bears the primary responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 of the Convention on International Civil Aviation. This includes providing necessary information to states that register the aircraft to ensure its airworthiness. The State of Registry, which is the country where the aircraft is registered, is also responsible for ensuring the continuing airworthiness of the aircraft and must develop or adopt requirements to fulfil this responsibility. When the State of Design issues an AD for an aircraft type registered in Australia, CASA, as Australia's national airworthiness authority, must evaluate the AD and, if necessary, issue an Australian AD to mandate the requirements of the State of Design.
In this specific case, the French Civil Aviation Authority (DGAC) has issued an AD, 98-391-006(B), which pertains to the Falcon 2000 model aircraft. France is the State of Design for this aircraft type. CASA has reviewed this AD and has issued Australian AD/F2000/4, which will take effect on 16 March 2006. Given that this AD is issued in response to Australia's obligations under the Convention on International Civil Aviation and is issued by the relevant State of Design, no public consultation has been required for this AD. The Office of Regulatory Review has also determined that ADs do not necessitate a Regulatory Impact Statement. The AD has been created 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.
The Civil Aviation Safety Regulations 1998 impose several obligations on the parties they govern. Firstly, the State of Design must provide all necessary information to the State of Registry to ensure the continuing airworthiness of an aircraft type. This includes issuing ADs when necessary. Secondly, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When an AD is issued by the State of Design, the State of Registry, in this case CASA, must assess the AD and issue an Australian AD if appropriate. Additionally, CASA is responsible for monitoring compliance with ADs and ensuring that aircraft meet the required airworthiness standards. Failure to comply with an AD can result in serious safety risks and may lead to the grounding of an aircraft.
Breaching the requirements of an airworthiness directive can have significant consequences. The Civil Aviation Safety Regulations 1998 outline various offences and penalties for non-compliance. For example, operating an aircraft in contravention of an AD can result in a civil penalty of up to $100,000 for an individual and $500,000 for a corporation. Furthermore, CASA has the authority to issue a Notice of Unauthorized Operation (NOUO) to an operator whose aircraft is found to be in violation of an AD. In severe cases, CASA can also take legal action to enforce compliance, which may include grounding the aircraft or pursuing criminal charges against the operator. These penalties and consequences are intended to ensure that all parties comply with ADs to maintain the highest standards of aviation safety.