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 2002-413(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/F2000/5, 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, enacted by the Australian Parliament, is fundamental in regulating the aviation industry with a focus on safety. It empowers the Governor-General to establish regulations that ensure the safety of air navigation, thereby safeguarding the interests of the public and the aviation industry. One significant aspect of this Act is the provision for the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are crucial for maintaining the continuing airworthiness of aircraft, ensuring that they meet necessary safety standards. The Civil Aviation Safety Authority (CASA) has the authority to issue such directives, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The policy objective underpinning these regulations is to align with international standards and obligations, particularly those stipulated in Annex 8 to the Convention on International Civil Aviation, thus maintaining a consistent approach to aviation safety globally.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products, thereby ensuring compliance with safety standards set forth in the Civil Aviation Act 1988. These directives, which are legislative instruments under the Legislative Instruments Act 2003, are integral to maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. In the context of Australia, CASA, as the national airworthiness authority, must issue corresponding Australian ADs when the State of Design issues an AD affecting aircraft on the Australian Register. For instance, in response to AD 2002-413(B) issued by the French DGAC for Falcon 2000 model aircraft, CASA has issued Australian AD/F2000/5, reflecting Australia’s obligations under the Convention and ensuring that Australian aircraft meet international safety standards. These directives apply to the entities and individuals responsible for the maintenance and operation of the affected aircraft within Australia and are in line with international safety protocols, although no public consultation is required as these directives are issued in response to international obligations.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to make regulations that pertain to the safety of air navigation. In this context, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under subregulation 39.001(5) and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. Additionally, the State of Design, which is responsible for the continuing airworthiness of an aircraft type as per Annex 8 to the Convention on International Civil Aviation, must provide necessary information to ensure the aircraft's continuing airworthiness. CASA, acting as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties and entities are significant. The State of Design, such as France for the Falcon 2000 model aircraft, must issue ADs for any identified safety issues. The State of Registry, in this case, CASA, is responsible for assessing these ADs and determining whether to issue an Australian AD. This process ensures that all aircraft on the Australian Register meet the necessary safety standards. Moreover, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, in alignment with the Convention on International Civil Aviation.
Under the Civil Aviation Act 1988, there are potential consequences for non-compliance with ADs. While the specific section detailing penalties for non-compliance is not provided in the given text, it is known that failing to adhere to ADs can result in significant civil and criminal penalties. The severity of these penalties can vary, but they are intended to enforce compliance with safety regulations. Additionally, the issuing of an AD by CASA under subsection 84A(2) of the Act signifies the importance of adhering to these directives to maintain the safety of air navigation. Non-compliance with such directives can lead to severe repercussions, including potential legal action and safety hazards.