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 2008-0029 affecting EADS Socata TBM 700 model aircraft. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/TBM 700/34 Amdt 1, which will become effective on 10 April 2008. 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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes the framework for ensuring the safety of air navigation in Australia. This Act empowers the Governor-General to issue regulations for the safety of air navigation, and one such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, considered legislative instruments under the Legislative Instruments Act 2003, are crucial for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The objective of these regulations is to ensure that Australia meets its obligations under international agreements, thereby enhancing the safety of air navigation and maintaining the integrity of the Australian Register of aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as critical instruments for ensuring the continuing airworthiness of aircraft, a responsibility mandated under Annex 8 to the Convention on International Civil Aviation. ADs are typically issued by the State of Design, which must provide necessary information to States of Registry to maintain airworthiness standards. In Australia, CASA assumes the role of the national airworthiness authority and must evaluate ADs from foreign entities like the European Aviation Safety Authority (EASA) before issuing corresponding Australian ADs. The regulatory process is streamlined to meet international obligations without requiring public consultation or a Regulatory Impact Statement, as ADs are considered legislative instruments subject to disallowance. The issuance of these directives is a direct response to international safety mandates, reflecting Australia's commitment to maintaining high standards in civil aviation safety.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations for the safety of air navigation. Section 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and are reviewed under the Legislative Instruments Act 2003. For example, CASA has issued AD/TBM 700/34 Amdt 1, effective from 10 April 2008, in response to AD 2008-0029 issued by the European Aviation Safety Authority (EASA) on behalf of France, the State of Design for the EADS Socata TBM 700 model aircraft.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include ensuring the continuing airworthiness of aircraft. The State of Design, in this case, France, holds the primary responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry, such as Australia. CASA, as Australia’s national airworthiness authority, must assess the ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs. This ensures that the safety regulations are uniformly applied across all aircraft registered in Australia. Moreover, the State of Registry, which in this context is Australia, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft under its jurisdiction.
Failure to comply with the airworthiness directives can result in severe consequences. Section 18 of the Civil Aviation Act 1988 outlines offences related to non-compliance with ADs. Penalties may include fines, imprisonment, or both, depending on the severity of the breach. For instance, operating an aircraft that does not meet the requirements of an AD can lead to criminal charges, while failure to comply with an AD can result in civil penalties. The maximum penalties can vary, but they are intended to enforce strict adherence to safety standards to protect public safety in air navigation. Non-compliance with these directives not only poses risks to passengers and crew but also can result in significant legal and financial repercussions for the operators and owners of the aircraft.