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-2007-007 affecting TBM 700 and TBM 850 model aircraft. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/TBM 700/48, which will become effective on 6 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 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 establish a comprehensive framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to create regulations that safeguard the interests of air navigation, as exemplified by the issuance of airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The policy objective is to maintain high standards of airworthiness, aligning with international obligations under the Convention on International Civil Aviation, particularly through the cooperation between the State of Design and the State of Registry to ensure aircraft safety. The Civil Aviation Safety Regulations 1998, which were subsequently amended, outline the processes for issuing these directives, ensuring they are consistent with international standards and practices, thus fulfilling Australia's commitments under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to the issuance of airworthiness directives (ADs) under the authority of the Civil Aviation Safety Regulations. This legislation applies to the issuance of ADs for types of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a legislative instrument under the Legislative Instruments Act 2003. These regulations extend to ensuring the continuing airworthiness of aircraft registered in Australia in accordance with international obligations, including those under Annex 8 of the Convention on International Civil Aviation. In practice, this means that when a State of Design, such as France, issues an AD, CASA, as Australia’s national airworthiness authority, is required to assess and, if necessary, issue a corresponding Australian AD. This process ensures that aircraft registered in Australia meet the continuing airworthiness requirements specified by the State of Design. No public consultation or Regulatory Impact Statement is required for ADs as they are not subject to these processes under the legislation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs) in Australia, as per section 98 of the Act and regulation 39.001 of the Regulations (Civil Aviation Act 1988, s 98; Civil Aviation Safety Regulations 1998, reg 39.001). An AD is a legislative instrument, disallowable under the Acts Interpretation Act 1901, and subject to the Legislative Instruments Act 2003 (Acts Interpretation Act 1901, s 46A; Legislative Instruments Act 2003, s 6). The State of Design, responsible for the continuing airworthiness of an aircraft type, issues ADs, which are shared with States of Registry, such as Australia, to ensure the safety and compliance of aircraft registered within their jurisdiction (Annex 8 to the Convention on International Civil Aviation).
Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is tasked with assessing ADs issued by States of Design and determining their applicability to aircraft registered in Australia (Civil Aviation Safety Regulations 1998, reg 39.001(5)). This process is exemplified by the recent issuance of Australian AD/TBM 700/48, in response to French DGAC’s AD UF-2007-007 for TBM 700 and TBM 850 models, effective from 6 August 2007. As this AD stems from international obligations under the Convention on International Civil Aviation and is a direct response to an AD from the State of Design, it was issued without public consultation and does not require a Regulatory Impact Statement (Annex 8 to the Convention on International Civil Aviation).
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are required to adhere to the ADs issued by CASA. These directives mandate specific actions or conditions necessary to ensure the continuing airworthiness of aircraft. Operators must comply with these directives within the specified timeframes, and CASA is responsible for monitoring and enforcing compliance (Civil Aviation Safety Regulations 1998, reg 39.001). Failure to comply with an AD can result in severe consequences, including the potential grounding of non-compliant aircraft, which may affect airworthiness and operational safety.
The Civil Aviation Safety Regulations 1998 include provisions for offences and penalties related to non-compliance with ADs. Breach of an AD may result in civil penalties, including fines, and criminal penalties, which can include imprisonment, depending on the severity of the non-compliance and its impact on aviation safety (Civil Aviation Safety Regulations 1998, pt 3). The maximum penalties for non-compliance can vary, but they are designed to enforce strict adherence to safety standards and ensure the protection of public safety in air navigation.