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 2006-0085 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 700/46, which will become effective on 12 April 2007.
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 for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act grants the Governor-General the authority to make regulations under section 98, with the overarching aim of enhancing the safety of air navigation. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that mandate specific requirements to ensure the continuing airworthiness of aircraft registered in Australia. In accordance with international obligations under the Convention on International Civil Aviation, CASA assesses and issues Australian ADs when required by the State of Design, as exemplified by the recent issuance of AD/TBM 700/46 for the Socata TBM 700 model aircraft, reflecting Australia's commitment to maintaining international safety standards.
Scope and Application
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, which are legislative instruments as per section 46A of the Acts Interpretation Act 1901. These directives apply to all aircraft registered in Australia and are integral to ensuring the continuing airworthiness of these aircraft, a responsibility held by the State of Registry. This legislative framework aligns with international standards set by Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must provide necessary information to ensure an aircraft type's airworthiness, a responsibility CASA undertakes when issuing Australian ADs in response to directives from the State of Design. The ADs are issued without public consultation as they stem from Australia's international obligations and are not subject to a Regulatory Impact Statement. This regulatory process is administered by CASA, ensuring compliance with the Civil Aviation Act 1988 and maintaining the safety standards required for aviation operations within Australia.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legally binding instruments, as outlined in subregulation 39.001(5), and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. Consequently, they are legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the ADs primarily fall on CASA as the national airworthiness authority. CASA must assess airworthiness directives issued by the State of Design and, if necessary, issue corresponding Australian ADs to mandate the same requirements for aircraft registered in Australia. For example, when the European Aviation Safety Authority (EASA) issued AD 2006-0085 concerning Socata TBM 700 model aircraft, CASA assessed the directive and subsequently issued Australian AD/TBM 700/46. This process ensures that Australian-registered aircraft meet the same safety standards as those mandated by the State of Design.
The ADs themselves dictate specific requirements for maintaining the airworthiness of the aircraft. These may include mandatory inspections, repairs, modifications, and other maintenance actions. The State of Registry, in this case CASA, is responsible for enforcing compliance with these directives. Failure to adhere to the requirements set forth in an AD can result in severe consequences, including the potential grounding of non-compliant aircraft, which could impact both the safety of the flight and the legal standing of the aircraft operator.
There are significant penalties for non-compliance with ADs. Civil penalties may include fines, and in severe cases, criminal charges may be brought against individuals or corporations. The maximum penalties can vary depending on the severity of the breach and the specific regulations involved. For example, under certain provisions of the Civil Aviation Act 1988, an individual may face fines up to $275,000 and imprisonment for up to five years for serious breaches. Additionally, aircraft operators may face operational restrictions, which can have substantial financial and operational repercussions.