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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/TBM 700/48 Amdt 1 affecting Socata TBM 700 series aeroplanes. The EASA issued AD 2010-0005 on 7 January 2010 which supersedes the requirements of AD/TBM 700/48 Amdt 1 and as such this AD has been cancelled. The EASA acts on behalf of France which is the state of design for these aircraft. The cancellation will become effective on 21 January 2010.
No consultation with the Australian public has taken place on this AD cancellation. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, aims to provide for the safety and efficiency of civil aviation in Australia. One of its key provisions is the authority to issue regulations, such as the Civil Aviation Safety Regulations 1998, to ensure the safety of air navigation. Under section 39.001 of these regulations, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products to maintain their airworthiness. The policy objective behind these ADs is to align Australian regulations with international standards, as stipulated under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design overall responsibility for the continuing airworthiness of an aircraft type. Consequently, when the State of Design issues an AD, CASA, as Australia's national airworthiness authority, must review and, if necessary, issue corresponding ADs to mandate the required safety measures.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework under which airworthiness directives (ADs) are issued to ensure the safety of air navigation. According to these regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments that must be assessed and potentially adopted by the State of Registry, which in the case of Australia, is CASA. The issuance of ADs is aligned with international standards, particularly Annex 8 to the Convention on International Civil Aviation, where the State of Design retains overall responsibility for the continuing airworthiness of an aircraft type. When an AD is issued by the State of Design, CASA must evaluate the directive and may issue an Australian AD to enforce the requirements as necessary. The ADs issued or amended on or after 1 October 2009 fall under the definitions provided in Part 39.001A of the Civil Aviation Safety Regulations, ensuring a standardised approach to airworthiness directives across the Australian aviation sector.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for issuing airworthiness directives (ADs) in Australia, as detailed in regulation 39.001. These ADs are legislative instruments made under section 98 of the Act, allowing the Civil Aviation Safety Authority (CASA) to mandate requirements for specific types of aircraft or aeronautical products to ensure safety (section 39.001(5)). These directives are crucial for maintaining the continuing airworthiness of aircraft, a responsibility that falls primarily to the State of Design, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must evaluate information from the State of Design and issue corresponding ADs to enforce these requirements within Australian jurisdiction.
Entities governed by these regulations, including aircraft operators and manufacturers, must comply with the ADs issued by CASA. This includes adhering to the specific requirements outlined in the ADs, such as mandatory inspections, repairs, and modifications. Compliance is necessary to ensure that aircraft remain airworthy and safe for operation, and failure to comply can result in severe consequences, including grounding of the aircraft and potential legal action. Operators must also keep records of compliance and ensure that all personnel are adequately informed about the requirements of relevant ADs.
Failure to comply with ADs can lead to serious legal consequences. The Civil Aviation Safety Regulations 1998, along with other relevant aviation laws, outline various offences and penalties for non-compliance. For instance, operating an aircraft that does not meet the requirements of an AD can result in substantial fines and potential imprisonment. The specific penalties can vary, but they are designed to enforce strict adherence to safety standards. CASA has the authority to take enforcement actions, including issuing fines, suspending or revoking airworthiness certificates, and initiating criminal proceedings against individuals or companies that violate these regulations.