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 2008-0063-e affecting EADS SOCATA TBM 700 aircraft. EASA acts on behalf of France, the State of Design for this aircraft. CASA has assessed this AD and has issued Australian AD/TBM 700/50, which will become effective on 3 July 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, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legislative foundation for the regulation of civil aviation in Australia, with the overarching aim of ensuring the safety and efficiency of air navigation. One of the key mechanisms through which this objective is achieved is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). As per section 98 of the Act, the Governor-General is authorised to make regulations, such as the Civil Aviation Safety Regulations 1998, to maintain the safety of air navigation. Regulation 39.001 of these regulations empowers CASA to issue ADs concerning types of aircraft or aeronautical products. These ADs, being legislative instruments, are subject to disallowance under the Acts Interpretation Act 1901 and must comply with the Legislative Instruments Act 2003. In accordance with international obligations under the Convention on International Civil Aviation, the State of Design retains responsibility for the continuing airworthiness of an aircraft type, necessitating the dissemination of relevant information to States of Registry, including Australia. CASA, as the national airworthiness authority, is thus responsible for assessing and, if necessary, issuing Australian ADs in response to those issued by the State of Design to ensure compliance with international standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs, which are legislative instruments, are issued in accordance with international obligations under the Convention on International Civil Aviation, particularly those concerning the continuing airworthiness of aircraft types. The State of Design, such as France for the EADS SOCATA TBM 700 aircraft, is responsible for providing necessary information to ensure the airworthiness of its designs, and CASA, as Australia's national airworthiness authority, assesses this information to issue corresponding Australian ADs. These ADs bind the State of Registry of the aircraft, mandating specific safety measures. Notably, the issuance of such directives does not require public consultation or a Regulatory Impact Statement, and they are issued by the Manager, Systems in the Airworthiness Engineering Branch of CASA in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are the primary pieces of legislation governing civil aviation in Australia, with specific focus on safety and airworthiness. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. An AD is a legislative instrument, disallowable under section 46A of the Acts Interpretation Act 1901 and governed by the Legislative Instruments Act 2003.
The obligations under these provisions require CASA to issue ADs in response to directives from the State of Design or other international safety authorities, ensuring the continuing airworthiness of aircraft registered in Australia. Under Annex 8 of the Convention on International Civil Aviation, the State of Design is responsible for providing necessary information to maintain the airworthiness of an aircraft type, while the State of Registry, in this case CASA, must implement this information in the form of Australian ADs. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of aircraft, and CASA must do so by issuing ADs as necessary.
Failure to comply with ADs can result in serious safety risks and legal consequences. Civil Aviation Safety Regulations 1998 do not explicitly detail offences or penalties for non-compliance with ADs, but non-compliance generally falls under broader aviation safety regulations. Non-compliance can lead to enforcement actions, including fines, suspension or revocation of aircraft certificates of airworthiness, and potential criminal charges. CASA, as the national airworthiness authority, has the power to take such actions to enforce compliance and ensure the safety of air navigation.
In summary, the key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to issue ADs to maintain the airworthiness of aircraft in Australia, in response to international directives and in compliance with international conventions. Failure to comply with these directives can result in serious legal and safety consequences.