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 CASA issued AD/TB10/1, Amendment 3, affecting Socata TB9 and TB10 Model aircraft, in 1995. France is the State of Design for these types. As a result of a request from industry, CASA has amended the AD to update maintenance manual references contained in the AD. The amended AD, AD/TB10/1 Amendment 4, will become effective on 3 August 2006. This AD cancels and replaces the previous issue.
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 legal framework for civil aviation in Australia, ensuring safety and efficiency within the industry. The Act provides the authority for the issuance of regulations, including airworthiness directives (ADs), which are crucial for maintaining the safety and airworthiness of aircraft. Section 98 of the Act empowers the Governor-General to make regulations in the interests of the safety of air navigation, with regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically enabling the Civil Aviation Safety Authority (CASA) to issue ADs for aircraft or aeronautical products. The objective of the ADs, as per Annex 8 of the Convention on International Civil Aviation, is to ensure the continuing airworthiness of aircraft, which is a shared responsibility between the State of Design and the State of Registry. CASA, acting as Australia’s national airworthiness authority, is mandated to issue corresponding ADs when required, aligning with international standards and obligations.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, thereby ensuring compliance with safety standards as per the Civil Aviation Act 1988. These ADs, which are legislative instruments subject to disallowance, serve to maintain the continuing airworthiness of aircraft and are critical in upholding both national and international safety standards. The ADs are issued in response to mandates from the State of Design and must be enforced by the State of Registry, which in Australia’s case is CASA. For instance, the AD/TB10/1 Amendment 4, issued for Socata TB9 and TB10 Model aircraft, updates maintenance manual references and reflects CASA’s commitment to international civil aviation obligations. This regulation applies to aircraft registered in Australia, and while it is made in response to international obligations, it is tailored to ensure Australian standards are met. The ADs are exempt from public consultation and regulatory impact statements as determined by the Office of Regulatory Review, highlighting their technical nature and immediate necessity for safety compliance.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for the regulation of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. Section 39.001(5) of the Regulations specifies that an AD is a disallowable instrument, and therefore a legislative instrument under the Legislative Instruments Act 2003. ADs serve as the primary means of ensuring the continuing airworthiness of aircraft types, and are typically issued by the State of Design in accordance with Annex 8 to the Convention on International Civil Aviation.
Under the Act and Regulations, CASA, as the national airworthiness authority, is required to assess ADs issued by States of Design, and to issue corresponding Australian ADs if appropriate. This ensures that Australian aircraft comply with international safety standards. For example, CASA issued AD/TB10/1, Amendment 3, affecting Socata TB9 and TB10 Model aircraft in 1995. Given that France is the State of Design for these aircraft types, CASA was required to issue an Australian AD in response to a French AD. This AD has been updated to incorporate new maintenance manual references, and the updated AD/TB10/1 Amendment 4 will come into effect on 3 August 2006.
The process for issuing ADs does not involve public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. Instead, ADs are issued by CASA in accordance with the Act. This streamlined process ensures that ADs can be issued quickly to address safety concerns. The AD/TB10/1 Amendment 4 was made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in line with subsection 84A(2) of the Act.
The Act and Regulations impose obligations on CASA to issue ADs where necessary to ensure the continuing airworthiness of aircraft types on the Australian Register. Failure to comply with an AD can result in severe consequences. Under section 79 of the Act, CASA can take enforcement action against an aircraft operator who fails to comply with an AD. This may include grounding the aircraft, cancelling the aircraft’s certificate of airworthiness, or prosecuting the operator. In addition, section 81 of the Act allows CASA to impose civil penalties of up to $22,200 per day for each offence. In criminal cases, section 83 of the Act provides for fines of up to $165,000 for individuals and $825,000 for bodies corporate, as well as imprisonment for up to two years. These penalties and consequences highlight the importance of compliance with ADs in ensuring the safety of Australian aviation.