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, the Civil Aviation Safety Authority (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.
CASA and its predecessors issued AD/TB10/5 specifying periodic inspection of SOCATA TB10 aircraft. AD/TB10/5 is intended to match AD 1985-43 issued for the TB10 in France, the State of Design of the TB10. CASA has reviewed AD/TB10/5 and has decided to amend it to more closely match AD 1985-43. The amendment, AD/TB10/5 Amdt 1, will become effective on 2 July 2009. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframe and Structures in the Airworthiness Engineering Group, 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 in Australia, providing a framework for ensuring safety and efficiency in the industry. This legislation addresses the need for a comprehensive legal structure that governs the operation of aircraft within Australian airspace, ensuring compliance with international standards and fostering a safe environment for both domestic and international aviation activities. The Civil Aviation Safety Regulations 1998 further support this by detailing specific safety requirements and enforcement mechanisms. In line with these objectives, the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, aiming to maintain the continuing airworthiness of aircraft as mandated by international conventions. These directives are legislative instruments that align with Australia's obligations under the Convention on International Civil Aviation, ensuring that aircraft meet necessary safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the Civil Aviation (Airworthiness Directive) Regulations 2009, mandate that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives apply to all aircraft and aeronautical products registered in Australia, encompassing both domestic and international flights. The directives are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and are issued in accordance with Australia's obligations under the Convention on International Civil Aviation. As such, the scope of these directives extends to aligning with directives issued by the State of Design of the aircraft, thereby ensuring harmonised safety standards globally. The regulations do not require public consultation or a Regulatory Impact Statement as they are directly aligned with international obligations and the specific safety requirements set by the State of Design.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to make regulations necessary for the safety of air navigation. This includes the issuance of airworthiness directives (ADs) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a legislative instrument, which can be disallowed under section 46A of the Acts Interpretation Act 1901, and must comply with the Legislative Instruments Act 2003. These directives are crucial for maintaining the continuing airworthiness of aircraft types, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for ensuring the aircraft's airworthiness and providing necessary information to the State of Registry, which in turn must develop or adopt requirements to maintain airworthiness. In this context, the Civil Aviation Safety Authority (CASA) has issued AD/TB10/5 for SOCATA TB10 aircraft, specifying periodic inspections to ensure their continued airworthiness.
The obligations under this legislation require CASA to issue ADs that align with international standards, particularly those set by the State of Design. CASA must ensure that AD/TB10/5 matches the AD 1985-43 issued in France, the TB10's State of Design. The AD/TB10/5 Amdt 1, set to become effective on 2 July 2009, cancels and replaces the previous directive. The amendment process reflects Australia's adherence to international obligations under the Convention on International Civil Aviation, and since this directive responds to an AD raised by the relevant State of Design, no public consultation is required. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
Breaches of airworthiness directives or failure to comply with the requirements set out in the Civil Aviation Safety Regulations 1998 can result in serious consequences. Non-compliance may lead to enforcement actions under the Civil Aviation Act 1988, which can include fines and imprisonment. The severity of the penalties depends on the nature and extent of the non-compliance. For instance, operating an aircraft that does not meet the standards specified in an AD can result in hefty fines, and in severe cases, imprisonment for up to two years. Additionally, CASA has the authority to take immediate action to ground non-compliant aircraft, which can have significant operational and financial repercussions for the aircraft operator. The precise penalties are determined by the circumstances of the breach and the discretion of the relevant authorities.