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 2007-0172-E affecting EADS 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 700/47, which will become effective on 30 August 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 a legal framework for the regulation of civil aviation in Australia, with a strong emphasis on ensuring the safety of air navigation. The Act grants the Governor-General the authority to make regulations for this purpose, including the issuance of airworthiness directives, as outlined in the Civil Aviation Safety Regulations 1998. The problem or gap this legislation addresses is the need for a cohesive and authoritative legal structure to govern civil aviation activities, particularly focusing on the safety and airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. This regulatory mechanism ensures that CASA, as Australia’s national airworthiness authority, can respond effectively to international safety standards and directives issued by the State of Design, such as the European Aviation Safety Authority in this instance. The enactment of this legislation by the Parliament of Australia aims to align Australia's civil aviation practices with international standards and obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft and aeronautical products. This legislative framework is designed to ensure the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, responsible for the overall airworthiness of an aircraft type, issues ADs which CASA must then assess and potentially mandate as Australian ADs. This process underscores Australia's commitment to maintaining high safety standards in civil aviation. ADs are legislative instruments that must adhere to the requirements of the Legislative Instruments Act 2003, and while they do not require public consultation or a Regulatory Impact Statement, they are essential for ensuring the safety of air navigation within Australia. CASA issues these directives to enforce safety measures, and in doing so, fulfills its obligations under international civil aviation conventions.
Key Provisions
The Civil Aviation Safety Regulations 1998 (section 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are legislative instruments, as stipulated under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003 (subregulation 39.001(5)). Essentially, ADs are formal communications from CASA or the State of Design, detailing the mandatory actions that must be taken to ensure the continuing airworthiness of specific aircraft or aeronautical products.
Under the Civil Aviation Act 1988 (section 98), the Governor-General can create regulations aimed at ensuring the safety of air navigation, with CASA being the authority responsible for enforcing these regulations. When a State of Design, such as France for the EADS Socata TBM 700 model, issues an AD, CASA is obligated to assess this information and determine if an Australian AD is necessary. If deemed appropriate, CASA must issue its own AD, such as AD/TBM 700/47, to mandate the required actions for aircraft registered in Australia. This ensures compliance with international standards set by Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry.
The obligations imposed on the parties governed by the Civil Aviation Safety Regulations 1998 include adhering to the ADs issued by CASA or the State of Design. For instance, aircraft operators must follow the instructions outlined in the AD/TBM 700/47 to maintain the airworthiness of their aircraft. These directives may require specific inspections, repairs, or modifications to be carried out within a specified timeframe. Failure to comply with these directives can result in serious safety risks, including potential grounding of the aircraft or other enforcement actions.
Failure to comply with an airworthiness directive can lead to significant consequences. The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 outline the penalties for non-compliance. Operators who do not adhere to ADs may face enforcement actions, which can include fines or even criminal charges. The specific penalties depend on the severity of the breach and can vary significantly. For example, non-compliance with an AD may result in fines up to a certain amount, or, in more serious cases, it may lead to imprisonment. These penalties are designed to ensure that all stakeholders take the required actions to maintain the highest safety standards in civil aviation.