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 EASA issued AD 2006-0271-E, affecting EADS SOCATA TBM 700 aircraft. The EASA is the State of Design for these aircraft. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/TBM 700/45 Amendment 1. The amended AD will become effective on 8 September 2006. 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, New Technologies and Systems, 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 establish a regulatory framework for the safety and efficiency of civil aviation in Australia. The Act provides the basis for the regulation of air navigation and the certification of aircraft and aeronautical products, ensuring that aviation activities within Australia are conducted in a manner that prioritises safety. One of the mechanisms provided by the Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. The policy objective underpinning these regulations is to maintain and enhance the safety standards of civil aviation in alignment with international conventions, such as Annex 8 to the Convention on International Civil Aviation. ADs are legislative instruments, subject to disallowance and oversight, and are issued to mandate the requirements of the State of Design for aircraft types registered in Australia. In this context, the issuance of an AD for the EADS SOCATA TBM 700 aircraft by CASA is a direct response to an airworthiness directive issued by the European Aviation Safety Agency (EASA), reflecting Australia's commitment to international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of 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, which are legislative instruments under the Legislative Instruments Act 2003, serve to ensure the continuing airworthiness of aircraft and aeronautical products as per Annex 8 of the Convention on International Civil Aviation. The State of Design, responsible for the aircraft type, issues the initial AD, and CASA, acting as Australia's national airworthiness authority, must assess and issue corresponding Australian ADs if necessary. This process applies to all aircraft registered in Australia, encompassing various entities within the aviation industry, including aircraft manufacturers, operators, and maintenance providers. The regulations extend nationally across Australia, in alignment with international obligations, and while they do not specify exclusions or exemptions, the issuance of ADs is contingent on safety assessments. Subordinate instruments may further refine or expand the application of these regulations.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are essential for maintaining the continuing airworthiness of aircraft and are considered legislative instruments as outlined in subregulation 39.001(5) and the Legislative Instruments Act 2003. The ADs are intended to comply with Annex 8 to the Convention on International Civil Aviation, where the State of Design bears the responsibility for the continuing airworthiness of an aircraft type, and the State of Registry is responsible for the individual aircraft. When the European Aviation Safety Agency (EASA) issued AD 2006-0271-E concerning EADS SOCATA TBM 700 aircraft, CASA, as Australia’s national airworthiness authority, assessed the information and subsequently amended the Australian AD to AD/TBM 700/45 Amendment 1, effective from 8 September 2006.
The obligations imposed by these regulations on parties and entities include a responsibility to ensure compliance with ADs issued by CASA. Specifically, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, and when an AD is issued by the State of Design, such as EASA, CASA must review and, if necessary, issue a corresponding AD for Australian aircraft. This ensures that all aircraft within Australia’s jurisdiction adhere to the same safety standards as internationally recognised aircraft. Moreover, aircraft operators must comply with these ADs by implementing any required modifications or inspections within specified timeframes. Failure to adhere to these directives can lead to serious safety risks and potential legal consequences.
Breaches of the ADs can result in both civil and criminal penalties. Civil penalties may include fines and the potential grounding of non-compliant aircraft, which could disrupt operations and result in financial loss for operators. Criminal penalties could also apply, particularly if non-compliance leads to safety incidents or accidents. Under the Civil Aviation Act 1988, individuals and companies found in breach of an AD may face fines and imprisonment. The exact penalties depend on the severity of the breach and the impact on aviation safety, but they are intended to enforce strict compliance with airworthiness standards to protect public safety.