Aerospace Legislation 1

8/17/2019 Aerospace Legislation 1

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Overview of Aerospace

Legislation

Slide 1


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Aviation Regulatory and

Legislative Bodies•What is the airworthiness???

•Today all aircraft whether aerostat or

aerodyne are re!uired "y statue laws to "edesigned and #aintained to an airworthy

state "y aviation regulatory "odies$

•The regulations and legislations governingairworthiness around the world is an integral

part of the aviation industry$


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Slide %

Aviation Regulatory and

Legislative Bodies• These regulations "egan in &hicago 'SA

"y (nternational &ivil Aviation Organisation

)(&AO*$• The (&AO re!uire#ents were adopted in

Australia for certification in order toconsistent with international standards and

procedures on #atters includingairworthiness of aircraft$


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(&AO(nternational &ivil

Aviation Organi+ationand (ts 1,-Anne.es


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(&AO -- What is it?• (&AO the (nternational &ivil Aviation

Organi+ation

• is one of the speciali+ed agencies of the 'nited

/ations$• (s a glo"al "ody charged with the safety of and

develop#ent of standards for international civil

aviation0 Sets international standards for safety and security0

2rovides a glo"al foru# for international aviation

issues$


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3ow is (&AO organi+ed?

(&AO is co#posed of4• An Asse#"ly co#posed of

representatives fro# all contracting

States$ The Asse#"ly nor#ally #eetsevery % years votes a triennial "udgetand sets the wor5 progra# for the ne.ttrienniu#$

• A &ouncil the governing "ody co#posedof %% States elected "y the Asse#"ly forthree-year ter#s$ )The '$S$ has always"een elected to the &ouncil$*


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3ow is (&AO organi+ed?

• The &ouncil esta"lishes Standards andReco##ended 2ractices and incorporates the#into Anne.es to the &onvention$ The &ouncil isheaded "y an elected 2resident who also servesfor three years$

• The Secretariat headed "y a Secretary 6eneraland divided into five "ureaus Air /avigation Air Transport

Technical &o-Operation Legal and Ad#inistration and Services$


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What is the 7&hicago

&onvention8?What are Anne.es?

• The &hicago &onvention is the legalinstru#ent that esta"lished (&AO$

• Over the years the (&AO &ouncil has

developed and adopted 1, technical Anne.es to the &onvention$


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What are the su"9ects of these

Anne.es?• Annex 1 – Personnel Licensing. Licensing of

flight crews air traffic controllers and aircraft#aintenance personnel$

• Annex 2 – Rules of the Air. Rules relating to theconduct of visual and instru#ent flights$

• Annex 3 – Meteorological Service forInternational Air Navigation. 2rovision of#eteorological services for international airnavigation and reporting of #eteorologicalo"servations fro# aircraft$


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Anne.es?• Annex 4 – Aeronautical harts. Specifications

for aeronautical charts for use in internationalaviation$

• Annex ! "" #nits of Measure$ent to %e #se& in Air an& 'roun& ()erations.

• Annex * – ()eration of Aircraft. Specificationswhich will ensure in si#ilar operations

throughout the world at a level of safety a"ove aprescri"ed #ini#u#$• Annex + – Aircraft Nationalit, an& Registration

Mar-s. Re!uire#ents for registration andidentification of aircraft$


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Anne.es?• Annex – Air/orthiness of Aircraft. &ertification

and inspection of aircraft according to unifor#procedures$

• Annex 0 – acilitation. Specifications fore.pediting the entry and departure of aircraftpeople cargo and other articles at internationalairports$

• Annex 1 – Aeronautical eleco$$unications.Standardi+ation of co##unications e!uip#entsyste#s and procedures$


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Anne.es?• Annex 11 "" Air raffic Services.

:sta"lish#ent and operation of air traffic

control flight infor#ation and alertingservices$

• Annex 12 – Search an& Rescue.Organi+ation and operation of facilities$

• Annex 13 – Aircraft Acci&ent Investigation.'nifor#ity in the notification investigationof and reporting on aircraft accidents$


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Anne.es?

• Annex 14 – Aero&ro$es. Specifications for thedesign and operations of aerodro#es$

• Annex 1! – Aeronautical Infor$ation Services.

;ethods for the collection and disse#ination ofaeronautical infor#ation re!uired for flightoperations$

• Annex 1* – nviron$ental Protection.

Specifications for aircraft noise certificationnoise #onitoring and noise e.posure units forland-use planning and aircraft engine e#issions$


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What are the subjects of these

Annexes?

• Annex 1+ – Securit, – Safeguar&ingInternational ivil Aviation against Acts of#nla/ful Interference. Specifications for

safeguarding international civil aviationagainst acts of unlawful interference$

• Annex 1 "" he Safe rans)ort of

5angerous 'oo&s %, Air. Specificationsfor the la"elling pac5ing and shipping ofdangerous cargo$


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What are the #ost relevant

Anne.esto aircraft certification?

• Anne.es


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&ategories of (&AO States

• Contracting State: A #e#"er State of(&AO$ At the present ti#e there are 1,>&ontracting States in (&AO$

• The State of Design: The State having

9urisdiction over the organi+ationresponsi"le for the type design$• The State of Manufacture: The State

having 9urisdiction over the organi+ation

responsi"le for the final asse#"ly of theaircraft$


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&ategories of (&AO States

• The State of Occurrence: The state inwhich an aviation accident or incidentoccurs$

• The State of the Operator : The State inwhich the aircraft operators principalplace of "usiness is located or if there isno such place of "usiness the operatorsper#anent residence$

• The State of Registry: The State onwhose register an aircraft is entered$


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Australian (ndustry Legislation


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&ASA

• CASA

is responsi"le for ensuring the safety of civil

aviation in Australia to the general pu"lic and

in particular the air travelling pu"lic$

• CASA

is also a separate statutory authority "ut

unli5e ASA it is not a 6overn#ent Business:nterprise.


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&ASA @unctions

Setting aviation standards and rules$

Licensing pilots and aviation engineers$

&ertifying aircraft and operators$

&arrying out safety surveillance$


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&ASA @unctions

:nforcing safety standards and rules$

2roviding regulatory oversight of thenational airways syste# air traffic servicesand rescue and fire fighting services$

Assisting the aviation industry to #aintainhigh safety levels through educationtraining advice and consultation$


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Air Services Australia )ASA)

Air Services Australia is a 6overn#ent

Business :nterprise$

(t is responsi"le for the #aintenance and

develop#ent of the Australian airways

syste#s$


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ASA @unctions

A fire fighting service

Aviation search and rescue

Aeronautical co##unications

2rovision of air traffic services such as airtraffic control and flight service


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ASA @unctions

Aeronautical infor#ation service

2rovision of the infrastructure of theservice

@acilities necessary for air navigation suchas navigational aids$


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@ederal Airports &orporation

)@A&*• The #ain functions of the @A& are4

To operate airports and participate in

the operation of 9ointly used ares in

Australia$

To esta"lish airports at federal airport

develop#ent sites$


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Others• epart#ent of Transport and Regional Services

• responsi"le for advising the 6overn#ent on

aviation policy regulating international airlineoperations and ad#inistering aviation security$

• Bureau of Air Safety (nvestigation4

• independently investigates aircraft

accidents and serious incidents$


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&ivil Aviation Legislation and

Regulations Air /avigation Act

• provides for control over all aspects of airnavigation including4 standards

rules of air

registration of aircraft and licensing of operatorsaerodro#es flight crew and engineers$

• The Air /avigation Act has a direct i#pact onairline operations$


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Aviation Legislations

•Civil Aviation Act 1988

The Act for#s the "asis of the regulations and

descri"es &ASAs role in enforcing the regulations$

•Civil Aviation Regulations 1988 (CAR)

The &ARs are gradually "eing replaced "y the &ivil

Aviation Safety Regulations 1>>, )&ASR*$


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Slide %1

&ivil Aviation Safety Authority

)&ASA*


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&(C(L AC(AT(O/ L:6(SLAT(O/

A/ R:6'LAT(O/S&ivil Aviation Act 1>,,

• 2rovides for the #a5ing of &ivil Aviation SafetyRegulations )&ASR* "y the 6overnor 6eneral of Australia for the purpose of providing the detailedcontrol of all aircraft operations in Australia$

• These &ASRs are Statute Laws and are "roughtto the 2arlia#ent of Australia "y the ;inister ofState for Teleco##unications and AviationSupport and "eco#e Law when authorised "y6overnor 6eneral$


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&ivil Aviation Regulations

The &ARs are supported "y a nu#"er of

other docu#ents4

&ivil Aviation Orders )&AOs* &ivil Aviation Advisory 2u"lications

)&AA2s*$

Advisory &irculars )A&s*


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Slide %D

&ivil Aviation Regulations

)&AR*• (n force under the &ivil Aviation Act 1>,,$• The Act has a few the ad#inistrative

docu#ents and #ost parts of the Act is a

separate docu#ent for the regulations ofthe Act$

• The &ARs are a set of rules which ensurethat the #ini#u# standards laid down inthe &hicago conventions are #aintained in

Australia$• Both the Act and the Regulations can only

"e changed "y an act of the 2arlia#ent$


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Slide %E

&ivil Aviation Regulations )&AR*

&ARs are general regulations for aircraftoperation and #aintenance divided into4

2reli#inary

Ad#inistration and organisation Registration and #ar5ing of aircraft Airworthiness re!uire#ents Licenses and ratings of operating crew @light training 2ersonal log "oo5s and navigation logs

Radio syste#s for use in or in con9unction with aircraft Aerodro#es and facilities and services &onditions of flight Rules of air Signals for the control of air traffic


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Slide %<

&ivil Aviation Regulations )&AR*

Airservice operations Refusal to grant and suspensionFcancellation of licenses and

certificates Application of statutory licenses

2enal provisions and prosecutions :vidence ;iscellaneous Transitional

• )&ARs* #a5e reference to various foreign

legislation including the 'S @ederal AviationRegulations )@ARs* and the :uropean Goint

Aviation Regulations )GARs*$


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&ivil Aviation Orders )&AOs*

• &ivil Aviation Orders )&AOs* are pu"lished

"y &ASA$

• The interpretations and e.pansions of The

Statute Law$

• The &ARs re!uire you to co#ply with the

relevant &AOs$


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Slide %>

&ivil Aviation Orders )&AO*

• &AO are the principal #eans of pu"lishing

directions notifications etc$ on operational

and airworthiness #atters$ They are #ore

specific than &ARs$

• &AO are divided into nu#"ered parts

according to their su"9ect #atter with

groups of nu#"ers allocated to cover theirvarious aspects$


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&ivil Aviation Advisory

2u"lications• &ASA issues &ivil Aviation Advisory 2u"lications)&AA2s*$

• Their purpose is to infor# the aviation pu"lic ina syste#atic way of non-regulatory #aterial$

• A &AA2 is issued to provide guidance andinfor#ation in a designated su"9ect area$

• To show a #ethod accepta"le to an authorisedperson or &ASA for co#plying with a related&ivil Law$


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&ivil Aviation Advisory 2u"lications

• &AA2s should always "e read in con9unction withthe referenced regulations$

• &ivil Aviation Advisory 2u"lications )&AA2s* are

advisory only$

• &AA2s provide reco##endations and guidanceto illustrate a #ethod or several #ethods not

necessarily "eing the only #ethod "y whichlegislative re!uire#ents #ay "e #et$

• The &AA2s relate to the &ivil Aviation

Regulations )1>,,* only$


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Advisory &irculars )A&s*• The new &ivil Aviation Regulations )1>>,* are supported

"y Advisory &irculars$

• Advisory &irculars are issued in a nu#"ered-su"9ect

syste# corresponding to the su"9ect areas of the &ivil Aviation Regulations )1>>,*$

• An advisory circular is issued to provide guidance and

infor#ation in a designated su"9ect area

• To show a #ethod accepta"le to an authorised person or&ASA for co#plying with a related &ivil AviationRegulation )1>>,*$


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Advisory &irculars• &ASA issues Advisory &irculars )A&s* to infor# the

aviation pu"lic in a syste#atic way of non-regulatory#aterial$ 'nless incorporated into a regulation "yreference the contents of an advisory circular are not"inding on the pu"lic$

• A&s provides reco##endations and guidance toillustrate a #ethod or several #ethods not necessarily"eing the only #ethod "y which legislative re!uire#ents#ay "e #et$

• They also provide a #eans of illustrating the #eaning ofcertain re!uire#ents "y offering interpretive ande.planatory guidance$

• A&s should always "e read in con9unction with thereferenced regulations$


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&ivil Aviation Safety Regulations

1>>, )&ASR*The &ASRs are divided into a nu#"er of parts$ :ach 2art#ay have the following supporting docu#ents4

Manual of Standards );OS* co#prises specifications

)Standards* prescri"ed "y &ASA of unifor# applicationdeter#ined to "e necessary for the safety of air navigation$

Advisory Circulars )A&s* are intended to providereco##endations and guidance to illustrate a #eans "ut arenot necessarily the only #eans of co#plying with the

Regulations$ A&s #ay e.plain certain regulatory re!uire#ents"y providing interpretive and e.planatory #aterial$

Airworthiness Directives )As* ta5e their authority fro# &ASR2art %>$


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Other legislation

The following associated aviation related docu#ents arepu"lished on the Attorney 6enerals epart#ent we"site4

• &ivil Aviation )&arriers Lia"ility* Act 1>E>

• a#age "y Aircraft Act 1>>>

• &ivil Aviation )Buildings &ontrol* Regulations

• &ivil Aviation )&arriers Lia"ility* Regulations 1>>1

• &ivil Aviation )@ees* Regulations

• &ivil Aviation )Savings* Regulations

• &ivil Aviation Legislation A#end#ent )Transitional2rovisions* Regulations

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Aerospace Legislation 1

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