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 UF-2007-015 affecting EADS Socata TBM 700 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/TBM 700/48, Amendment 1, which will become effective on 24 September 2007. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia, establishing the framework for the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the Act's purposes and to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998, under regulation 39.001, further delegate the authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. The enactment of this legislation addresses the need for a robust regulatory framework to maintain and enhance the safety standards of civil aviation in Australia, aligning with international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority 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 to ensure the safety of air navigation. These directives apply to all aircraft registered in Australia and are necessary to maintain their airworthiness in accordance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. When a State of Design issues an AD for a particular aircraft type, CASA is required to evaluate the directive and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements on Australian-registered aircraft of that type. The geographic reach of these regulations extends nationally, applying to all entities and individuals involved in the operation of aircraft within Australia, and internationally, aligning with the obligations under the Convention on International Civil Aviation. The issuance of these ADs does not typically require public consultation or a Regulatory Impact Statement, as they are often responses to directives from the State of Design and are integral to fulfilling international safety commitments.
Key Provisions
The main sections relevant to this piece of legislation are section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to create regulations for the safety of air navigation, while regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. The requirement for CASA to issue ADs stems from Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which stipulates that the State of Design must ensure the continuing airworthiness of an aircraft type and provide necessary information to the States of Registry, including Australia.
The obligations imposed on the parties by the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, include the responsibility of CASA to assess and, if necessary, issue an Australian AD that aligns with the requirements set by the State of Design. In this case, CASA has assessed the French DGAC's AD UF-2007-015 for the EADS Socata TBM 700 model aircraft and issued Australian AD/TBM 700/48, Amendment 1. This AD mandates specific requirements to ensure the continuing airworthiness of the aircraft registered in Australia. Furthermore, the State of Registry, in this instance, CASA, must ensure that all aircraft registered in Australia meet the mandated requirements as outlined in the ADs.
Failure to comply with the ADs can lead to significant consequences. Under the Civil Aviation Act 1988, non-compliance can be considered an offence, potentially resulting in civil or criminal penalties. The specific penalties for breach are not detailed in the provided text, but typically, civil penalties may include fines, while criminal penalties could result in imprisonment, depending on the severity of the breach. It is crucial for aircraft owners, operators, and maintenance personnel to adhere to the ADs to avoid these potential legal repercussions and to maintain the safety standards required by the Civil Aviation Safety Regulations 1998.