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 2007-0055 affecting 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 700/38 Amendment 1, which will become effective on 12 April 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 was enacted to provide a comprehensive legal framework for civil aviation in Australia, addressing the need for safety and regulation in air navigation. The Act grants authority to the Governor-General to make regulations for the safety of air navigation, with the Civil Aviation Safety Regulations 1998 detailing specific regulatory provisions, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This legislative framework is designed to ensure that aircraft remain airworthy and compliant with international standards as set out by the International Civil Aviation Organization (ICAO). The AD process is integral to maintaining continuing airworthiness of aircraft, with the State of Design having primary responsibility and the State of Registry implementing these directives within their jurisdiction. CASA, as Australia's national airworthiness authority, must issue corresponding ADs when required, ensuring that Australian-registered aircraft meet international safety standards. This legislative approach reflects Australia’s commitment to international civil aviation agreements and the safety obligations outlined in the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are legislative instruments that ensure the continuing airworthiness of aircraft registered in Australia and are based on international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are issued in response to directives from the State of Design, which holds responsibility for the type of aircraft, and CASA subsequently assesses and, if necessary, issues corresponding Australian ADs. This process ensures that Australian aircraft meet the necessary safety standards and comply with international regulations. The ADs are issued under the authority of CASA, which acts as Australia's national airworthiness authority, and no public consultation is required due to their international obligations and the nature of the directives. The ADs are prepared by CASA officials and are subject to internal review processes within the agency.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations intended to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 then allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. This regulatory framework is designed to maintain and ensure the safety standards of aircraft in Australia and to comply with international standards set by the Convention on International Civil Aviation. Under subregulation 39.001(5), ADs are classified as disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and they are considered legislative instruments under the Legislative Instruments Act 2003.
The obligations imposed by these provisions include the responsibility of the State of Design to maintain and provide information necessary for the continuing airworthiness of an aircraft type, as outlined in Annex 8 of the Convention on International Civil Aviation. The State of Registry, in this case CASA, must then assess this information and issue an appropriate AD if necessary. When the European Aviation Safety Authority (EASA) issues an AD concerning a type of aircraft registered in Australia, CASA must evaluate the directive and, if deemed appropriate, issue an Australian AD to enforce the required safety measures. This ensures that all aircraft registered in Australia meet the necessary safety standards.
Failing to comply with ADs can result in severe consequences. Under section 39.011 of the Civil Aviation Safety Regulations 1998, non-compliance with an AD can be considered an offence, with potential civil or criminal penalties. The specific penalties can vary depending on the severity of the non-compliance and can include substantial fines and, in some cases, imprisonment. The maximum penalties are set out in the Civil Aviation Act 1988, with potential fines reaching up to several thousand Australian dollars and imprisonment terms for more severe breaches. These measures are in place to ensure strict adherence to air safety regulations and to protect the public from potential hazards.