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 European Aviation Safety Authority (EASA) has issued AD 2007-0101 affecting EADS Socata TB9 and TB10 model aircraft. EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/TB10/18, Amendment 2, which will become effective on 7 June 2007. 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, enacted by the Australian Parliament, governs matters related to the safety of air navigation and civil aviation within Australia. One of the key provisions of this Act is the authority it grants the Governor-General to make regulations for ensuring the safety of air navigation, as seen in section 98. These regulations are further detailed in the Civil Aviation Safety Regulations 1998, where regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. The objective of these regulations is to maintain the highest standards of airworthiness and safety in compliance with international aviation conventions, such as Annex 8 to the Convention on International Civil Aviation, which places responsibility for continuing airworthiness on the State of Design. CASA, acting as Australia's national airworthiness authority, is tasked with assessing and implementing these directives to ensure the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. This legislative framework ensures that the safety standards set forth in the Act are met, with CASA acting as Australia’s national airworthiness authority. ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, particularly when mandated by international obligations under the Convention on International Civil Aviation. In the case of the AD for EADS Socata TB9 and TB10 model aircraft, CASA has responded to an AD issued by the European Aviation Safety Authority (EASA), acting on behalf of the State of Design, France. This AD is an Australian legislative instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, reflecting Australia's commitment to international aviation safety standards. The AD is effective as of 7 June 2007, cancelling and replacing the previous issue. Given the nature of ADs and their alignment with international obligations, they do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. This broad mandate is further specified in regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments governed by section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA assumes a critical role in enforcing the continuing airworthiness of aircraft. Specifically, the State of Registry is responsible for ensuring that each aircraft under its jurisdiction remains airworthy. When a State of Design issues an AD, CASA must evaluate this information and, if deemed necessary, issue a corresponding Australian AD. This ensures compliance with the requirements set forth by the State of Design. For instance, the European Aviation Safety Authority (EASA), acting on behalf of the State of Design for the EADS Socata TB9 and TB10 aircraft, issued AD 2007-0101. CASA has subsequently issued Australian AD/TB10/18, Amendment 2, which replaces previous directives and will take effect on 7 June 2007.
The obligations imposed by these regulations are significant. CASA must meticulously assess the information provided by the State of Design and determine if it is necessary to issue an Australian AD. This process ensures that all aircraft registered in Australia meet the required safety standards. Furthermore, since these ADs are issued in response to international obligations under the Convention on International Civil Aviation, there is no requirement for public consultation, as confirmed by the Office of Regulatory Review. Additionally, the ADs do not necessitate a Regulatory Impact Statement. CASA’s authority to issue these directives stems from the Civil Aviation Act 1988, specifically subsection 84A(2), and they are made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office on behalf of CASA.
Failure to comply with the ADs can lead to serious consequences. The Civil Aviation Safety Regulations 1998 include provisions for penalties and enforcement actions against those who do not adhere to the mandated requirements. The maximum penalties for non-compliance can be substantial, reflecting the critical importance of maintaining the airworthiness of aircraft. The specific penalties are outlined within the regulatory framework, ensuring that any breaches are met with appropriate and rigorous enforcement measures.