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 DGAC of France issued Airworthiness Directive 92-206(A) R3, affecting SOCATA TB10 Tobago aircraft, in 1992. EASA is the State of Design for TB10 Tobago aircraft. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 3. The amended AD, AD/TB10/20 Amendment 3, will become effective on 15 February 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, New Technologies and Systems, 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. Under this Act, the Governor-General has the authority to make regulations that promote air safety, with a particular focus on the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, are critical for maintaining the continuing airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Authority (CASA) is responsible for issuing these directives, often in response to directives issued by the State of Design, such as EASA in the case of SOCATA TB10 Tobago aircraft. This ensures that Australian aircraft meet international safety standards as outlined in Annex 8 to the Convention on International Civil Aviation. The process for issuing ADs, including the amendment of existing directives, is overseen by CASA and is conducted in accordance with the requirements set out in the Act, without the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under this Act and its regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products to ensure the continuing airworthiness of aircraft registered in Australia. These ADs are legislative instruments that must comply with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. They are issued in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation, and are designed to address safety issues identified by the State of Design. The State of Registry, in this case CASA, is responsible for ensuring that the aircraft continue to meet airworthiness standards. This particular AD, AD/TB10/20 Amendment 3, was issued in response to an AD from the European Aviation Safety Agency, the State of Design for the SOCATA TB10 Tobago aircraft, and will become effective on 15 February 2007. This AD replaces the previous issue and is a direct result of Australia’s obligations under international aviation conventions.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations that serve the purposes of the Act and are in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are integral to maintaining the continuing airworthiness of aircraft, a responsibility that ultimately lies with the State of Design, which must provide necessary information to appropriate States of Registry in accordance with Annex 8 to the Convention on International Civil Aviation. The State of Registry, such as CASA in Australia, is then responsible for ensuring the continuing airworthiness of individual aircraft by developing or adopting requisite requirements. When an AD is issued by a State of Design, such as EASA for SOCATA TB10 Tobago aircraft, CASA must review the information and, if deemed necessary, issue an Australian AD to enforce the State of Design’s requirements.
An example of this process is evident in Airworthiness Directive 92-206(A) R3, issued by the DGAC of France in 1992 concerning SOCATA TB10 Tobago aircraft. CASA has subsequently amended the equivalent Australian AD to Amendment 3, which will take effect on 15 February 2007, superseding the previous directive. This AD was issued under Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the State of Design, thus no public consultation was required. The Office of Regulatory Review has concluded that such ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Under the Civil Aviation Safety Regulations 1998, entities such as CASA are obligated to monitor and respond to ADs issued by States of Design to ensure compliance with international airworthiness standards. Failure to comply with an AD can lead to serious consequences, including the potential grounding of aircraft and legal action against the operator. The maximum penalties for non-compliance can include substantial fines and imprisonment, as stipulated by the Act and applicable regulations. Ensuring adherence to ADs is critical for maintaining safety standards in the aviation industry.