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 2009-0096-E affecting Socata TBM 700 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, which will become effective on 23 April 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 was enacted to provide a framework for the regulation of civil aviation in Australia, aiming to ensure the safety of air navigation and related activities. The Act empowers the Governor-General to create regulations that serve the interests of aviation safety, with the Civil Aviation Safety Regulations 1998 further detailing specific measures, including the issuance of airworthiness directives (ADs). These directives, which are legislative instruments, are essential for maintaining the continuing airworthiness of aircraft and aeronautical products, ensuring they meet necessary safety standards. In the context of international cooperation, Australia, through the Civil Aviation Safety Authority (CASA), is obligated to issue ADs in response to directives from the State of Design or other Contracting States under the Convention on International Civil Aviation. This approach ensures consistency with international safety standards and obligations, and allows Australia to effectively manage the airworthiness of aircraft registered within its territory.
Scope and Application
The Civil Aviation Safety Regulations 1998, which derive their authority from the Civil Aviation Act 1988, govern the issuance of airworthiness directives (ADs) in Australia, as per regulation 39.001. These directives, which are legislative instruments as outlined in subregulation 39.001(5) and in line with the Legislative Instruments Act 2003, apply to the continuing airworthiness of aircraft types registered in Australia. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, is responsible for issuing these ADs to ensure compliance with international standards set forth in Annex 8 of the Convention on International Civil Aviation. The State of Design, such as France in the case of the Socata TBM 700 model aircraft, issues initial directives, which CASA then assesses and, if necessary, translates into Australian ADs. These ADs are applicable to the specific aircraft types registered in Australia and aim to maintain their airworthiness. The process does not involve public consultation due to the nature of international obligations and the specific technical requirements involved.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to create regulations to enhance the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
Compliance with the ADs is mandatory for the entities they govern. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure compliance with airworthiness standards, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, on the other hand, is responsible for ensuring the continuing airworthiness of individual aircraft, developing or adopting requirements as necessary. CASA, acting on behalf of Australia, assesses the information from the State of Design and, if appropriate, issues an Australian AD to enforce these requirements. This ensures that Australian aircraft meet international safety standards and comply with the mandates issued by the relevant State of Design.
Breaches of the ADs can lead to significant consequences. Failure to comply with an AD can result in the aircraft being deemed unairworthy, which can lead to grounding or refusal of entry into Australian airspace. The severity of the breach determines the applicable penalties. Under the Civil Aviation Act 1988, serious breaches can lead to criminal charges, with penalties that may include substantial fines and imprisonment. Civil penalties can also be imposed for non-compliance, including fines that are determined based on the severity and impact of the breach. These penalties serve to enforce adherence to airworthiness standards and ensure the safety of air navigation.
Additionally, the ADs are issued under the authority of CASA and are based on the obligations Australia has under international agreements like the Convention on International Civil Aviation. As such, these directives are not subject to public consultation or the requirement for a Regulatory Impact Statement, as they are deemed necessary for ensuring international compliance and safety standards. This streamlined process ensures that ADs can be issued promptly in response to safety concerns without undue delay.