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 F-2005-018 affecting Falcon 2000 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/F2000/7, 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 establish a comprehensive legal framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. Under this Act, the Governor-General has the authority to create regulations that serve the interests of air navigation safety. The Civil Aviation Safety Regulations 1998, made under section 98 of the Act, provide the Civil Aviation Safety Authority (CASA) with the power to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a legislative instrument and are essential for maintaining the continuing airworthiness of aircraft, as mandated by international standards set forth in Annex 8 to the Convention on International Civil Aviation. The ADs are issued in response to directives from the State of Design, and CASA, as Australia's national airworthiness authority, is responsible for assessing and implementing these directives as Australian ADs.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments and serve to ensure the safety and continuing airworthiness of aircraft registered in Australia, aligning with international obligations under the Convention on International Civil Aviation. The application of these directives is mandatory for the entities involved, namely aircraft operators and owners, who must comply with the requirements stipulated in the ADs to maintain the airworthiness of their aircraft. Geographically, the application of these ADs extends across Australia, as CASA is the national airworthiness authority responsible for overseeing compliance with international and domestic aviation safety standards. Notably, ADs are issued in response to airworthiness concerns identified by the State of Design, such as the French DGAC in the case of the Falcon 2000 model aircraft, and do not require public consultation or a Regulatory Impact Statement as they are not subject to the disallowance process under the Legislative Instruments Act 2003. The ADs are developed and issued by CASA to mandate the safety requirements identified by the relevant State of Design, thereby ensuring that Australian-registered aircraft meet international safety standards.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for issuing airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as stipulated in subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and they are subject to disallowance.
The obligations and requirements imposed by the Act and the Regulations include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to the States of Registry. The State of Registry, such as CASA in Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within their jurisdiction. When a State of Design issues an AD, CASA is required to assess this information and, if appropriate, issue a corresponding Australian AD to enforce the requirements of the State of Design.
Failure to comply with the ADs can lead to various consequences. While specific offences are not detailed in the provided text, non-compliance with ADs generally falls under the broader regulatory framework governing civil aviation safety. Breaches of airworthiness regulations can result in enforcement actions, including fines and other penalties as stipulated under the Civil Aviation Act 1988 and associated regulations. The maximum penalties for non-compliance can vary based on the severity of the breach and are typically outlined in the relevant legislation.