Overview of Aerospace

Legislation

Slide 1

Aviation Regulatory and

Legislative Bodies
What is the airworthiness???
Today, all aircraft whether aerostat or
aerodyne are required by statue laws to be
designed and maintained to an airworthy
state by aviation regulatory bodies.
The regulations and legislations governing
airworthiness around the world is an integral
part of the aviation industry.

Aviation Regulatory and

Legislative Bodies
These regulations began in Chicago, USA
by International Civil Aviation Organisation
(ICAO).
The ICAO requirements were adopted in
Australia for certification in order to
consistent with international standards and
procedures on matters including
airworthiness of aircraft.

Slide 3

ICAO
International Civil
Aviation Organization
and Its 18-Annexes

ICAO -- What is it?

ICAO, the International Civil Aviation
Organization,
is one of the specialized agencies of the United
Nations.
Is a global body charged with the safety of and
development of standards for international civil
aviation;
Sets international standards for safety and security;
Provides a global forum for international aviation
issues.

How is ICAO organized?

ICAO is composed of:
An Assembly, composed of
representatives from all contracting
States. The Assembly normally meets
every 3 years, votes a triennial budget,
and sets the work program for the next
triennium.
A Council, the governing body composed
of 33 States, elected by the Assembly for
three-year terms. (The U.S. has always
been elected to the Council.)

How is ICAO organized?

The Council establishes Standards and
Recommended Practices and incorporates them
into Annexes to the Convention. The Council is
headed by an elected President, who also serves
for three years.
The Secretariat, headed by a Secretary General
and divided into five bureaus
Air Navigation, Air
Transport,
Technical Co-Operation,
Legal, and
Administration and Services.

What is the Chicago

Convention?
What are Annexes?
The Chicago Convention is the legal
instrument that established ICAO.
Over the years, the ICAO Council has
developed and adopted 18 technical
Annexes to the Convention.

What are the subjects of these

Annexes?
Annex 1 Personnel Licensing. Licensing of
flight crews, air traffic controllers and aircraft
maintenance personnel.
Annex 2 Rules of the Air. Rules relating to the
conduct of visual and instrument flights.
Annex 3 Meteorological Service for
International Air Navigation. Provision of
meteorological services for international air
navigation and reporting of meteorological
observations from aircraft.

What are the subjects of these

Annexes?
Annex 4 Aeronautical Charts. Specifications
for aeronautical charts for use in international
aviation.
Annex 5 -- Units of Measurement to be Used in
Air and Ground Operations.
Annex 6 Operation of Aircraft. Specifications
which will ensure in similar operations
throughout the world at a level of safety above a
prescribed minimum.
Annex 7 Aircraft Nationality and Registration
Marks. Requirements for registration and
identification of aircraft.

What are the subjects of these

Annexes?
Annex 8 Airworthiness of Aircraft. Certification
and inspection of aircraft according to uniform
procedures.
Annex 9 Facilitation. Specifications for
expediting the entry and departure of aircraft,
people, cargo, and other articles at international
airports.
Annex 10 Aeronautical Telecommunications.
Standardization of communications equipment,
systems, and procedures.

What are the subjects of these

Annexes?
Annex 11 -- Air Traffic Services.
Establishment and operation of air traffic
control, flight information, and alerting
services.
Annex 12 Search and Rescue.
Organization and operation of facilities.
Annex 13 Aircraft Accident Investigation.
Uniformity in the notification, investigation
of, and reporting on aircraft accidents.

What are the subjects of these

Annexes?
Annex 14 Aerodromes. Specifications for the
design and operations of aerodromes.
Annex 15 Aeronautical Information Services.
Methods for the collection and dissemination of
aeronautical information required for flight
operations.
Annex 16 Environmental Protection.
Specifications for aircraft noise certification,
noise monitoring, and noise exposure units for
land-use planning and aircraft engine emissions.

What are the subjects of these

Annexes?
Annex 17 Security Safeguarding
International Civil Aviation against Acts of
Unlawful Interference. Specifications for
safeguarding international civil aviation
against acts of unlawful interference.
Annex 18 -- The Safe Transport of
Dangerous Goods by Air. Specifications
for the labelling, packing, and shipping of
dangerous cargo.

What are the most relevant

Annexes
to aircraft certification?
Annexes 6, 8, 10, 13, and 16 are most
relevant to the Aircraft Certification Service
(AIR).
Annex 8, Airworthiness of Aircraft, is the
baseline for international certification of
products and of greatest interest to AIR.

Categories of ICAO States

Contracting State: A member State of
ICAO. At the present time, there are 189
Contracting States in ICAO.
The State of Design: The State having
jurisdiction over the organization
responsible for the type design.
The State of Manufacture: The State
having jurisdiction over the organization
responsible for the final assembly of the
aircraft.

Categories of ICAO States

The State of Occurrence: The state in
which an aviation accident or incident
occurs.
The State of the Operator : The State in
which the aircraft operators principal
place of business is located or, if there is
no such place of business, the operators
permanent residence.
The State of Registry: The State on
whose register an aircraft is entered.

Australian Industry Legislation

CASA
CASA
is responsible for ensuring the safety of civil
aviation in Australia to the general public and
in particular the air travelling public.

CASA
is also a separate statutory authority but
unlike ASA it is not a Government Business
Enterprise.

CASA Functions
Setting

aviation standards and rules.

Licensing

pilots and aviation engineers.

Certifying

aircraft and operators.

Carrying

out safety surveillance.

CASA Functions
Enforcing

safety standards and rules.

Providing

regulatory oversight of the

national airways system, air traffic services
and rescue and fire fighting services.

Assisting

the aviation industry to maintain

high safety levels through education,
training advice and consultation.

Air Services Australia (ASA)

Air

Services Australia is a Government

Business Enterprise.

It

is responsible for the maintenance and

development of the Australian airways
systems.

ASA Functions
A fire

fighting service

Aviation

search and rescue

Aeronautical
Provision

communications

of air traffic services such as air

traffic control and flight service

ASA Functions
Aeronautical
Provision

information service

of the infrastructure of the

service
Facilities

necessary for air navigation such

as navigational aids.

Federal Airports Corporation

(FAC)
The Federal Airports Corporation (FAC)
was established under the Federal Airports
Corporation Act 1986.

Federal Airports Corporation

(FAC)
The main functions of the FAC are:
To operate airports and participate in
the operation of jointly used ares in
Australia.
To establish airports at federal airport
development sites.

Others
Department of Transport and Regional Services
responsible for advising the Government on
aviation policy, regulating international airline
operations and administering aviation security.

Bureau of Air Safety Investigation:

independently investigates aircraft
accidents and serious incidents.

Civil Aviation Legislation and

Regulations
Air Navigation Act
provides for control over all aspects of air
navigation, including:
standards,
rules of air,
registration of aircraft and licensing of operators,
aerodromes, flight crew and engineers.

The Air Navigation Act has a direct impact on

airline operations.

Aviation Legislations
Civil

The Act forms the basis of the regulations and

describes CASA's role in enforcing the regulations.

Civil

Aviation Act 1988

Aviation Regulations 1988 (CAR)

The CARs are gradually being replaced by the Civil

Aviation Safety Regulations 1998 (CASR).

Civil Aviation Safety Authority

(CASA)

Slide 31

CIVIL AVIATION LEGISLATION

AND REGULATIONS
Civil Aviation Act 1988
Provides for the making of Civil Aviation Safety

Regulations (CASR) by the Governor General of

Australia for the purpose of providing the detailed
control of all aircraft operations in Australia.

These CASRs are Statute Laws and are brought

to the Parliament of Australia by the Minister of

State for Telecommunications and Aviation
Support, and become Law when authorised by
Governor General.

Civil Aviation Regulations

The CARs are supported by a number of
other documents:
Civil Aviation Orders (CAOs)
Civil Aviation Advisory Publications
(CAAPs).
Advisory Circulars (ACs)

Civil Aviation Regulations

(CAR)

In force under the Civil Aviation Act 1988.

The Act has a few the administrative
documents and most parts of the Act is a
separate document for the regulations of
the Act.
The CARs are a set of rules which ensure
that the minimum standards laid down in
the Chicago conventions are maintained in
Australia.
Both the Act and the Regulations can only
be changed by an act of the Parliament.
Slide 34

Civil Aviation Regulations (CAR)

CARs are general regulations for aircraft
operation and maintenance divided into:

Preliminary
Administration and organisation
Registration and marking of aircraft
Airworthiness requirements
Licenses and ratings of operating crew
Flight training
Personal log books and navigation logs
Radio systems for use in, or in conjunction with, aircraft
Aerodromes and facilities and services
Conditions of flight
Rules of air
Signals for the control of air traffic
Slide 35

Civil Aviation Regulations (CAR)

Airservice operations
Refusal to grant, and suspension/cancellation of licenses and
certificates
Application of statutory licenses
Penal provisions and prosecutions
Evidence
Miscellaneous
Transitional

(CARs) make reference to various foreign

legislation including the US Federal Aviation
Regulations (FARs) and the European, Joint
Aviation Regulations (JARs).
Slide 36

Civil Aviation Orders (CAOs)

Civil Aviation Orders (CAOs) are published
by CASA.
The interpretations and expansions of The
Statute Law.
The CARs require you to comply with the
relevant CAOs.

Civil Aviation Orders (CAO)

To facilitate the efficient running of the
department, the CAR empower the
Secretary to issue orders which can be
changed on a day to day basis.
These orders are called Civil Aviation
Orders and are known as CAO.
They make the secretary's requirements
known to those who have anything to do
with the operation of aircraft.
Slide 38

Civil Aviation Orders (CAO)

CAO are the principal means of publishing
directions, notifications, etc. on operational
and airworthiness matters. They are more
specific than CARs.
CAO are divided into numbered parts,
according to their subject matter, with
groups of numbers allocated to cover their
various aspects.
Slide 39

Civil Aviation Advisory

Publications
CASA issues Civil Aviation Advisory Publications
(CAAPs).
Their purpose is to inform the aviation public, in
a systematic way, of non-regulatory material.
A CAAP is issued to provide guidance and
information in a designated subject area.
To show a method acceptable to an authorised
person or CASA for complying with a related
Civil Law.

Civil Aviation Advisory Publications

CAAPs should always be read in conjunction with
the referenced regulations.
Civil Aviation Advisory Publications (CAAPs) are
advisory only.
CAAPs provide recommendations and guidance
to illustrate a method, or several methods, not
necessarily being the only method by which
legislative requirements may be met.
The CAAPs relate to the Civil Aviation
Regulations (1988) only.

Advisory Circulars (ACs)

The new Civil Aviation Regulations (1998) are supported

by Advisory Circulars.

Advisory Circulars are issued in a numbered-subject

system corresponding to the subject areas of the Civil
Aviation Regulations (1998).

An advisory circular is issued to provide guidance and

information in a designated subject area

To show a method acceptable to an authorised person or

CASA for complying with a related Civil Aviation
Regulation (1998).

Advisory Circulars
CASA issues Advisory Circulars (ACs) to inform the
aviation public, in a systematic way, of non-regulatory
material. Unless incorporated into a regulation by
reference, the contents of an advisory circular are not
binding on the public.
ACs provides recommendations and guidance to
illustrate a method, or several methods, not necessarily
being the only method by which legislative requirements
may be met.
They also provide a means of illustrating the meaning of
certain requirements by offering interpretive and
explanatory guidance.
ACs should always be read in conjunction with the
referenced regulations.

Civil Aviation Safety Regulations

1998 (CASR)
The CASRs are divided into a number of parts. Each Part
may have the following supporting documents:
Manual of Standards (MOS) comprises specifications

(Standards) prescribed by CASA, of uniform application,

determined to be necessary for the safety of air navigation.

Advisory Circulars (ACs) are intended to provide

recommendations and guidance to illustrate a means, but are

not necessarily the only means, of complying with the
Regulations. ACs may explain certain regulatory requirements
by providing interpretive and explanatory material.

Airworthiness Directives (ADs) take their authority from CASR

Part 39.

Other legislation
The following associated aviation related documents are
published on the Attorney General's Department web
site:

Civil Aviation (Carriers' Liability) Act 1959

Damage by Aircraft Act 1999
Civil Aviation (Buildings Control) Regulations
Civil Aviation (Carriers' Liability) Regulations 1991
Civil Aviation (Fees) Regulations
Civil Aviation (Savings) Regulations
Civil Aviation Legislation Amendment (Transitional
Provisions) Regulations