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 2008-0081-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 700/49, which will become effective on 29 April 2008.
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 and ensure the safety of air navigation in Australia. The Act empowers the Governor-General to make regulations necessary for the purposes of the Act and in the interests of the safety of air navigation. Under the authority granted by the Act, the Civil Aviation Safety Regulations 1998 were also established to further ensure the safety of aviation. One significant regulatory tool provided by these instruments is the issuance of airworthiness directives (ADs), which are used to maintain the continuing airworthiness of aircraft types registered in Australia. The issuing of ADs is in line with Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type, with States of Registry also having a critical role in ensuring airworthiness. The Australian Civil Aviation Safety Authority (CASA) acts on behalf of Australia in this capacity, issuing ADs when necessary, as illustrated by the issuance of AD/TBM 700/49 in response to EASA’s AD 2008-0081-E for the SOCATA TBM 700 model aircraft.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework within which airworthiness directives (ADs) are issued in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, aiming to ensure the safety of air navigation. This legislative mechanism is exercised under the overarching responsibility of the State of Design, which must provide necessary information to maintain the continuing airworthiness of aircraft types. The State of Registry, in this case CASA, must ensure that Australian aircraft comply with these directives. ADs are considered disallowable instruments and legislative instruments, thus subject to specific regulatory scrutiny and processes. The issuance of ADs is mandated by international obligations under the Convention on International Civil Aviation, specifically Annex 8, which delineates the responsibilities of States of Design and Registry. In the case of the EADS SOCATA TBM 700 model aircraft, the AD issued by CASA follows a similar directive from the European Aviation Safety Authority on behalf of the French State of Design, illustrating the international collaboration inherent in maintaining airworthiness standards. The process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, and is executed by designated CASA officials in accordance with the Act’s provisions.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to establish regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, as such, they constitute legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. This regulatory framework ensures that ADs, which are a common means of maintaining the continuing airworthiness of aircraft, are systematically issued and managed.
The obligations placed on the parties governed by this Act are significant. The State of Design, such as France in the case of the EADS SOCATA TBM 700 model aircraft, holds the primary responsibility for the continuing airworthiness of a specific aircraft type under Annex 8 of the Convention on International Civil Aviation. This entails providing all necessary information to ensure that the aircraft can maintain airworthiness. In parallel, the State of Registry, which in the context of Australia is CASA, must ensure that they develop or adopt requirements to guarantee the continuing airworthiness of registered aircraft. When a State of Design issues an AD, CASA must review the information and, if necessary, issue a corresponding Australian AD to enforce the State of Design’s requirements.
Breaching the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to various legal consequences. While the specific offences, penalties, or civil and criminal consequences for non-compliance with ADs are not detailed in the provided text, it is implied that such breaches can have serious ramifications. Typically, failure to adhere to airworthiness directives can result in severe penalties, including fines, suspension or revocation of aircraft operating certificates, and potential criminal charges for those responsible. These measures are designed to enforce compliance and uphold the highest standards of aviation safety.