CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 DGAC has issued AD F-2005-017 affecting Socata TBM 700 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/TBM 700/38, which will become effective on 17 March 2005.
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 Acting Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was introduced to establish a comprehensive framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act provides the legal basis for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that are critical for maintaining the continuing airworthiness of aircraft and aeronautical products. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue these ADs, which serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective behind these directives is to align with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, ensuring that Australia's regulatory practices are consistent with global safety protocols. This legislative approach allows CASA to respond swiftly to safety issues identified by the State of Design, thereby maintaining the integrity and safety of Australian civil aviation.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Regulations 1998, provides the framework for ensuring the safety of air navigation in Australia. Under the Act, the Governor-General can make regulations for the Act's purposes, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs serve as legislative instruments, aligning with the requirements of the Legislative Instruments Act 2003 and the Acts Interpretation Act 1901. The ADs are essential for the continuing airworthiness of aircraft and are issued by the States of Design and Registry as per the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue Australian ADs in response to directives from the State of Design. For example, following the issuance of AD F-2005-017 by the French Directorate General for Civil Aviation (DGAC) for the Socata TBM 700 model aircraft, CASA issued Australian AD/TBM 700/38. This particular AD, issued under Australia’s obligations under the Convention on International Civil Aviation, did not require public consultation or a Regulatory Impact Statement, reflecting its binding nature and the direct correlation to international obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework for airworthiness directives (ADs) under section 98 and regulation 39.001, respectively. The Governor-General, through CASA, has the authority to issue ADs for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments under section 46A of the Acts Interpretation Act 1901, and their creation follows the process outlined in the Legislative Instruments Act 2003. According to Annex 8 of the Convention on International Civil Aviation, the State of Design bears the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft registered within its jurisdiction. In Australia, CASA, as the national airworthiness authority, must evaluate ADs issued by States of Design and, if necessary, issue corresponding Australian ADs.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on parties governed by these provisions include a requirement for CASA to meticulously assess any ADs issued by the State of Design that pertain to aircraft types registered in Australia. Once an AD is deemed appropriate, CASA must issue a corresponding Australian AD to mandate the necessary requirements for the continuing airworthiness of the affected aircraft. These ADs must be issued without public consultation, as they are a direct response to international obligations and ADs from the State of Design. Additionally, the Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement, streamlining the process for their issuance.
The Act and Regulations do not explicitly outline specific offences or penalties for breaches of ADs; however, non-compliance with airworthiness requirements can lead to severe consequences under other sections of the Civil Aviation Act 1988. For example, section 83 imposes penalties for operating an aircraft in a manner that endangers safety, with penalties including fines and imprisonment. Similarly, section 84 imposes penalties for failure to comply with airworthiness requirements, which can also result in fines and imprisonment. The exact penalties depend on the severity of the breach and are determined by the courts. It is critical for all parties to adhere strictly to the ADs to avoid such severe repercussions.