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 French DGAC has issued AD F-2007-016 affecting TBM-700 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/TBM 700/41, Amendment 1, which will become effective on 20 December 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 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 was enacted to regulate civil aviation in Australia and ensure the safety of air navigation. The Act provides the framework for the Civil Aviation Safety Regulations 1998, under which the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs serve as legislative instruments to mandate requirements for maintaining the continuing airworthiness of aircraft. The issuance of ADs is critical to fulfilling Australia's obligations under the Convention on International Civil Aviation, particularly in relation to the responsibilities of the State of Design and State of Registry. CASA assesses ADs issued by the State of Design and, if necessary, issues corresponding Australian ADs. In this case, CASA has issued Australian AD/TBM 700/41, Amendment 1, in response to a French AD for TBM-700 model aircraft, reflecting Australia's commitment to international standards and safety protocols.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This authority is exercised in accordance with the overarching principles set forth in the Civil Aviation Act 1988, particularly section 98, which mandates that such regulations must be made for the safety of air navigation. ADs, which are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, are a form of legislative instrument as per section 6 of the Legislative Instruments Act 2003. These directives are instrumental in ensuring the continuing airworthiness of aircraft types, with the State of Design having primary responsibility and the State of Registry tasked with implementing necessary requirements. In the context of international obligations under Annex 8 to the Convention on International Civil Aviation, CASA must evaluate and, if appropriate, issue Australian ADs corresponding to those issued by the relevant State of Design. For instance, following the issuance of AD F-2007-016 by the French DGAC for TBM-700 model aircraft, CASA issued Australian AD/TBM 700/41, Amendment 1, effective from 20 December 2007. Given the international nature and the specific requirements under the Convention, this particular AD did not require public consultation or a Regulatory Impact Statement.
Key Provisions
The main provisions of the Civil Aviation Act 1988, as applied to the issue of airworthiness directives (ADs), are found in section 98, which empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 establishes that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, an AD is a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
These provisions impose certain obligations on CASA, as Australia’s national airworthiness authority. When the State of Design, in this case France, issues an AD against a type of aircraft registered in Australia, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that the continuing airworthiness of aircraft registered in Australia is maintained in line with international standards and practices. Additionally, the State of Registry, which in this case is Australia, is responsible for the continuing airworthiness of individual aircraft.
The AD issued by CASA, referred to as AD/TBM 700/41, Amendment 1, mandates specific requirements for TBM-700 model aircraft, effective from 20 December 2007. This AD is a direct response to AD F-2007-016 issued by the French DGAC, and it cancels and replaces the previous Australian AD. Given that this AD is issued due to Australia’s obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place, and the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not required.
The Civil Aviation Safety Regulations 1998 also include provisions regarding the enforcement and penalties for breaches of ADs. While the specific offences, penalties, or civil/criminal consequences are not detailed in the provided text, it is generally understood that non-compliance with ADs can lead to significant penalties. In Australia, breaches of safety regulations can result in civil penalties, including fines, as well as potential criminal charges for more severe violations. CASA has the authority to enforce compliance with ADs and can take appropriate action against operators who fail to adhere to the mandated requirements.