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-2005-134 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, which will become effective on 5 August 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 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 by the Australian Parliament, serves to regulate civil aviation within the country, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, with a primary focus on maintaining the highest standards of aviation safety. Under the provisions of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, which are legislative instruments, play a crucial role in ensuring the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The objective of these regulations is to mandate compliance with safety requirements as determined by the relevant State of Design or Registry, thereby protecting the public and maintaining the integrity of Australia's aviation safety framework.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific kinds of aircraft or aeronautical products to ensure the continuing safety of air navigation. An AD is considered a legislative instrument as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. This process is integral to Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design has the overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. In practice, CASA, as the national airworthiness authority for Australia, must assess the ADs issued by the States of Design and, where appropriate, issue corresponding Australian ADs to enforce the required safety measures. This ensures that all aircraft registered in Australia meet the necessary safety standards. Notably, the issuance of these directives does not require public consultation or a Regulatory Impact Statement, as they are directly in response to international obligations and directives from the aircraft's State of Design.
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 directives, as outlined in section 98 of the Civil Aviation Act 1988, are made in the interest of safety of air navigation and are considered legislative instruments under the Legislative Instruments Act 2003. The ADs serve as a means to ensure the continuing airworthiness of aircraft and are issued by various countries, including Australia, in response to directives from the State of Design. For instance, in the case of the TBM 700 model aircraft, France, as the State of Design, issued AD F-2005-134, which CASA assessed and subsequently translated into an Australian AD/TBM 700/41, effective from 5 August 2005.
The obligations imposed by these regulations require CASA to diligently assess airworthiness directives issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards. The State of Registry, in this case CASA as Australia's national airworthiness authority, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within Australia. Furthermore, the State of Design must provide necessary information to support the continuing airworthiness of aircraft types, ensuring that all relevant safety standards are met and maintained.
Breaching the provisions of the Civil Aviation Safety Regulations 1998 can result in significant consequences. While the specific penalties are not detailed in the provided text, it is generally understood that non-compliance with airworthiness directives can lead to severe penalties under aviation law. These may include fines, imprisonment, or other regulatory sanctions. The overarching aim of these provisions is to ensure that all aircraft meet the highest safety standards, thereby protecting the public and maintaining the integrity of the aviation industry.