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 EASA issued AD 2008-0129R1-E affecting EADS SOCATA TBM 700 series aircraft. France is the State of Design for these aircraft. CASA has amended the equivalent Australian AD to AD/TBM 700/50 Amendment 1. The amended AD will become effective on 12 February 2009. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies and Systems, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, serves to regulate civil aviation within Australia, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations that align with the Act's objectives, particularly focusing on the safety of air navigation. This includes the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998, which are legislative instruments that mandate compliance with airworthiness standards. In response to international obligations under the Convention on International Civil Aviation, the Civil Aviation Safety Authority (CASA) issues ADs to maintain the continuing airworthiness of aircraft registered in Australia. This process ensures that Australian aircraft meet the necessary safety standards as determined by the State of Design, in this case, France for the EADS SOCATA TBM 700 series aircraft, as reflected in the issuance of AD/TBM 700/50 Amendment 1.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the framework for issuing airworthiness directives (ADs) that are crucial for ensuring the safety of aircraft and aeronautical products in Australia. Pursuant to section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations to promote air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, are integral in maintaining the continuing airworthiness of aircraft as required by Annex 8 to the Convention on International Civil Aviation. In this context, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure compliance with these directives for aircraft registered in Australia. Consequently, when a State of Design issues an AD, CASA is obligated to evaluate this information and, if necessary, issue a corresponding Australian AD to enforce the requirements. The issuance of ADs like AD/TBM 700/50 Amendment 1, which aligns with international obligations and responds to directives from the State of Design, underscores the collaborative nature of aviation safety regulation.
Key Provisions
The main operative sections of this piece of legislation are section 98 of the Civil Aviation Act 1988, regulation 39.001 of the Civil Aviation Safety Regulations 1998, and subregulation 39.001(5). Section 98 allows the Governor-General to make regulations for the purposes of the Act, with a focus on air navigation safety. Regulation 39.001 permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by this legislation include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and provide necessary information to the appropriate States of Registry. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
There are no direct offences, penalties, or civil/criminal consequences mentioned for breach of this legislation. However, the overarching aim of the ADs is to ensure the continuing airworthiness of aircraft, and failure to comply with the ADs could result in serious safety issues. The AD issued by CASA, AD/TBM 700/50 Amendment 1, mandates specific requirements for the EADS SOCATA TBM 700 series aircraft and will become effective on 12 February 2009. The State of Design, France, issued AD 2008-0129R1-E, and CASA amended the equivalent Australian AD to reflect the changes. Compliance with these ADs is crucial for maintaining airworthiness standards and ensuring the safety of air navigation.