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 2009-0006 affecting EADS SOCATA TBM700 N model aircraft. The EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/TBM 700/51, which will become effective on 12 March 2009.
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 and New Technologies 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, seeks to ensure the safety of air navigation in Australia and beyond. This legislation provides the framework for the regulation of civil aviation, including the safety oversight of aircraft and aeronautical products. One of the mechanisms established by the Act is the issuance of airworthiness directives (ADs), which are regulations aimed at ensuring the continuing airworthiness of aircraft. These directives are issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Safety Regulations 1998, which empower CASA to take such actions in the interest of public safety. The Civil Aviation Safety Regulations 1998 further clarify that ADs are legislative instruments subject to disallowance and oversight as stipulated in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This legislative framework ensures that Australia complies with international standards, particularly those set by the International Civil Aviation Organization (ICAO), thereby maintaining global safety and interoperability in civil aviation.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework under which airworthiness directives (ADs) are issued in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products, ensuring the continuing airworthiness of these aircraft. Such directives are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and subject to the Legislative Instruments Act 2003. These regulations apply to the State of Registry of an individual aircraft, which in Australia is CASA, mandating the requirements of the State of Design as outlined in Annex 8 to the Convention on International Civil Aviation. This legislation primarily concerns entities involved in the operation and maintenance of aircraft, ensuring compliance with safety standards. Its jurisdictional reach is national, aligning with Australia’s obligations under international civil aviation agreements. Exclusions or exemptions from these regulations are not specified in the provided text, though the issuance of ADs generally follows established international protocols without requiring public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for airworthiness directives (ADs) under section 98 of the Act and regulation 39.001 of the Regulations, respectively. These ADs serve as legislative instruments (subsection 39.001(5)) and are designed to ensure the continuing airworthiness of aircraft types and aeronautical products. The State of Design, as per Annex 8 of the Convention on International Civil Aviation, holds the primary responsibility for the continuing airworthiness of an aircraft type and must share necessary information with States of Registry, including Australia. In turn, the State of Registry, represented by the Civil Aviation Safety Authority (CASA) in Australia, must implement the ADs to ensure compliance with safety standards. For instance, CASA issued Australian AD/TBM 700/51 in response to EASA’s AD 2009-0006 concerning the EADS SOCATA TBM700 N model aircraft.
The obligations imposed by these regulations require CASA to closely monitor and respond to ADs issued by other States of Design, ensuring that they are assessed and, if necessary, implemented as Australian ADs. CASA must also ensure that the ADs align with Australia's regulatory standards and safety requirements. The ADs mandate specific actions or modifications to aircraft or aeronautical products to maintain their airworthiness. These obligations extend to aircraft operators, who must comply with the ADs by adhering to the specified maintenance, repair, or operational procedures within the stipulated timeframes.
Failure to comply with an AD can result in serious consequences. Under section 10 of the Civil Aviation Act 1988, non-compliance can lead to criminal charges, with penalties including fines up to $162,000 for individuals and $810,000 for corporations. Additionally, CASA can take enforcement actions such as grounding the aircraft, refusing or revoking airworthiness certificates, and imposing other administrative penalties. Civil penalties may also be imposed for breaches of the ADs, with fines and other sanctions enforced to ensure adherence to safety regulations. These measures underscore the importance of strict compliance with ADs to maintain the highest safety standards in civil aviation.