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 2009-0096R1 affecting Socata TBM700A and TBM700B model aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/TBM 700/52, Amendment 1, which will become effective on 27 August 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia. It provides the legal framework for the regulation of civil aviation in Australia, including the issuance of airworthiness directives (ADs) to maintain the safety of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 were made under the Act and allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The ADs are intended to ensure the continuing airworthiness of aircraft and are in compliance with international standards set by the International Civil Aviation Organization (ICAO). The policy objective of the Act is to promote the safe and efficient operation of civil aviation in Australia and to ensure the safety of persons and property in the air and on the ground. The ADs are issued in response to international obligations and are not subject to public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998 provide authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This legislative framework ensures compliance with international standards as stipulated under Annex 8 to the Convention on International Civil Aviation. ADs are pivotal in maintaining the continuing airworthiness of aircraft and are issued by the State of Design, with the State of Registry responsible for implementing these directives within their jurisdiction. In the case of Australian-registered aircraft, CASA, as the national airworthiness authority, must review and, if necessary, issue corresponding Australian ADs. For instance, following the issuance of AD 2009-0096R1 by the European Aviation Safety Authority (EASA) for Socata TBM700A and TBM700B models, CASA issued Australian AD/TBM 700/52, Amendment 1. This AD, mandated by Australia's obligations under international aviation conventions, reflects the collaborative effort between the relevant States of Design and Registry. It is noteworthy that due to the international nature of these directives, there is no requirement for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD is issued under the authority of the Civil Aviation Act 1988, ensuring adherence to national and international safety standards.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments as per section 6 of the Legislative Instruments Act 2003, and are designed to maintain the continuing airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation. This means that the State of Design has the overarching responsibility to ensure the airworthiness of an aircraft type, while the State of Registry is responsible for the ongoing airworthiness of individual aircraft. In the case of Australian-registered aircraft, CASA, as the national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required measures.
Entities governed by the Civil Aviation Safety Regulations 1998, such as aircraft manufacturers, operators, and maintenance service providers, have specific obligations under the ADs. They must ensure compliance with the ADs issued by CASA or the relevant State of Design. This includes conducting necessary inspections, repairs, or modifications to the aircraft as specified in the ADs to maintain the aircraft's airworthiness. For instance, if an AD requires a particular inspection to be performed at a specified interval, the operator must ensure that the inspection is conducted within the stipulated timeframe. Failure to comply with these requirements can lead to severe consequences, including the grounding of the aircraft and potential safety risks.
Breaching the requirements set out in the ADs can result in both civil and criminal consequences. For example, under section 44 of the Civil Aviation Act 1988, an individual or entity found in violation of an AD can be fined up to $126,000 for a corporation and $25,200 for an individual. Additionally, under section 45 of the same Act, continued non-compliance can lead to imprisonment for up to 12 months for an individual and 5 years for a corporation. These penalties underscore the importance of adhering to ADs to ensure the safety and airworthiness of aircraft operating in Australian airspace.