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 TB20 and TB21 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/TB20/22, 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 to address the need for a comprehensive framework governing civil aviation activities within Australia, empowers the Governor-General to establish regulations that promote the safety of air navigation. In particular, the Act provides a legislative foundation for the Civil Aviation Safety Regulations 1998, which outline the procedures for issuing airworthiness directives. These directives are essential tools for ensuring the ongoing airworthiness of aircraft and aeronautical products, reflecting the State of Design's responsibility under Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) issues these directives in accordance with the Act and the Regulations, with the aim of maintaining safety standards and harmonising practices with those of other ICAO Contracting States. The issuing of an airworthiness directive, such as the recent AD/TB20/22, Amendment 2 for EADS Socata TB20 and TB21 model aircraft, underscores the critical role of CASA in upholding Australia's obligations under international aviation agreements and ensuring the safety of aircraft operating within the Australian Register.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, encompasses the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Under regulation 39.001, CASA has the authority to issue ADs for specific types of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance and review, as per the Legislative Instruments Act 2003. The ADs apply to all aircraft registered in Australia, ensuring compliance with international standards as set out in Annex 8 of the Convention on International Civil Aviation. The State of Design, such as France for EADS Socata TB20 and TB21 models, is responsible for initiating ADs, which CASA then assesses and may adapt for Australian application. The issuance of ADs is driven by international obligations and assessments of safety risks, hence no public consultation is required. Instead, the process involves internal CASA review and authorisation by the Manager, Airframes within the Manufacturing, Certification and New Technologies Office, as stipulated in section 84A(2) of the Act.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. Such directives are essential for maintaining the continuing airworthiness of aircraft and are issued by states in accordance with Annex 8 of the Convention on International Civil Aviation. The State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide necessary information to ensure ongoing airworthiness, and the State of Registry must implement this information to ensure the airworthiness of individual aircraft. For example, when the European Aviation Safety Authority (EASA) issued AD 2007-0101 affecting the EADS Socata TB20 and TB21 models, CASA assessed this directive and issued the corresponding Australian AD/TB20/22, Amendment 2, effective from 7 June 2007.
The obligations imposed by the Civil Aviation Safety Regulations 1998 require CASA to evaluate and, if necessary, issue Australian ADs in response to directives from the State of Design. The State of Registry, in this case CASA, must ensure that the continuing airworthiness requirements mandated by these ADs are met. This involves assessing the necessity and applicability of foreign ADs, such as the one issued by EASA, and translating these requirements into enforceable Australian directives. Additionally, the State of Registry must ensure that the ADs are communicated effectively to all relevant stakeholders, including aircraft owners, operators, and maintenance personnel, to ensure compliance and safety.
Breaches of the requirements set forth in the ADs can lead to significant civil and criminal consequences. Under section 98 of the Civil Aviation Act 1988, CASA has the authority to enforce compliance with ADs. Failure to adhere to an AD can result in penalties, including fines and potential grounding of the aircraft. The specific penalties depend on the severity of the breach and the impact on aviation safety. For instance, not complying with a mandatory AD could lead to a substantial fine or even imprisonment, depending on the nature and extent of the non-compliance. It is crucial for all parties governed by these ADs to understand and adhere to the requirements to avoid such consequences.