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 2007-0034 affecting Socata TB 9 and TB 10 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/TB10/37, which will become effective on 12 April 2007.
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 provide a comprehensive framework for the regulation of civil aviation in Australia, addressing the need for a national standard to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998 further elaborate on the regulatory framework, including provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001. The ADs are legislative instruments that are subject to disallowance and have been determined not to require a Regulatory Impact Statement, as they do not necessitate public consultation due to Australia’s obligations under the Convention on International Civil Aviation. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) in Australia, focusing on the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations for air navigation safety, while 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 considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments. The ADs are intended to ensure the continuing airworthiness of aircraft and are in compliance with international obligations under the Convention on International Civil Aviation, specifically Annex 8, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type and mandates the provision of necessary information to the State of Registry. CASA, as Australia’s national airworthiness authority, assesses information from the State of Design and issues corresponding Australian ADs when necessary.
Key Provisions
The Civil Aviation Act 1988, and specifically section 98, allows for the creation of regulations in the interests of air navigation safety. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and can be disallowed under section 46A of the Acts Interpretation Act 1901. Airworthiness directives are crucial for ensuring the ongoing airworthiness of aircraft, as per Annex 8 to the Convention on International Civil Aviation, which places the responsibility on the State of Design to provide necessary information to the States of Registry. In Australia, CASA must review and, if appropriate, issue Australian ADs in response to those issued by the State of Design.
Compliance with these airworthiness directives is mandatory for the entities they govern. The State of Design, such as France for the Socata TB 9 and TB 10 models, is responsible for issuing initial ADs, while CASA, as Australia's national airworthiness authority, is tasked with evaluating these directives and issuing corresponding Australian ADs if necessary. The State of Registry, which in this context is Australia, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory. This means that all operators of the affected aircraft must adhere to the requirements set out in the ADs to maintain their airworthiness certificates and ensure safe operations.
Failure to comply with the requirements set out in airworthiness directives can result in serious consequences. While specific offences and penalties are not detailed in the provided text, it is clear that non-compliance could lead to significant legal ramifications. Given the critical nature of airworthiness, regulatory bodies such as CASA take these directives very seriously, and violations could result in enforcement actions, fines, or even the grounding of non-compliant aircraft. Operators must ensure they are fully aware of the ADs applicable to their aircraft and implement any required actions promptly to avoid any legal repercussions.