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 1999-210-009(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/F2000/8, 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 regulate civil aviation within Australia and to ensure the safety of air navigation, a fundamental objective underpinning the legislation. This Act provides the legal foundation for the issuance of airworthiness directives (ADs) as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. The issuance of these directives is pivotal for maintaining the continuing airworthiness of aircraft types and aeronautical products, aligning with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), as Australia’s national airworthiness authority, is mandated to issue ADs when required, particularly when corresponding directives are issued by the aircraft's State of Design. The AD in question, Australian AD/F2000/8, was issued in response to AD 1999-210-009(B) from the French DGAC concerning Falcon 2000 model aircraft, reflecting Australia’s commitment to international civil aviation obligations. This AD, made under the authority of the Act, was formulated without public consultation as it directly pertains to international regulatory compliance.
Scope and Application
The Civil Aviation Act 1988, alongside the Civil Aviation Safety Regulations 1998, provides the legislative framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation in Australia. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue these directives for specific kinds of aircraft or aeronautical products. Such directives are considered legislative instruments under the Legislative Instruments Act 2003, necessitating their disallowance in accordance with the Acts Interpretation Act 1901. The application of these ADs is mandated by international obligations under the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type and requires the State of Registry to implement necessary measures to maintain airworthiness. In Australia, CASA, acting as the national airworthiness authority, assesses and, if necessary, issues corresponding ADs based on directives from the relevant State of Design, ensuring compliance with international standards and obligations.
Key Provisions
The Civil Aviation Act 1988 provides the overarching legal framework for civil aviation in Australia, and section 98 specifically allows the Governor-General to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901, as stipulated in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998.
When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the information provided and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements of the State of Design. This process ensures that Australian-registered aircraft comply with international standards and maintain their airworthiness. The State of Registry, which is the country where an aircraft is registered, has the primary responsibility for ensuring the continuing airworthiness of individual aircraft, and must adopt or develop requirements to meet this obligation.
The issuing of an AD by a State of Design, such as the French DGAC issuing AD 1999-210-009(B) for Falcon 2000 model aircraft, triggers the need for CASA to issue an Australian AD. This process was followed in the case of AD/F2000/8, which became effective on 16 March 2006. Because the AD is issued in response to international obligations and a corresponding AD from the State of Design, there was no requirement for public consultation or a Regulatory Impact Statement. The AD was 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 Civil Aviation Act 1988.
Breaches of the provisions in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in both civil and criminal penalties. Under the Civil Aviation Act, failure to comply with ADs can lead to enforcement actions, including fines and potential criminal charges for individuals and entities. The specific penalties for breaches vary depending on the severity and nature of the violation but can include substantial fines and imprisonment for serious offences. It is crucial for all parties governed by these regulations to adhere strictly to the ADs to avoid these consequences.