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 Civil Aviation Safety Authority or its predecessors issued AD/JT15D/5 affecting Pratt and Whitney Canada JT15D series turbine engines. CASA has assessed this AD and as a result has cancelled Australian AD/JT15D/5. The cancellation will become effective on 27 August 2009. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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, enacted by the Australian Parliament, governs the safety and efficiency of civil aviation in Australia. This Act allows the Governor-General to make regulations necessary for the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. CASA, as the national airworthiness authority, is tasked with assessing and issuing ADs to ensure compliance with safety standards, particularly when the State of Design issues directives relevant to aircraft on the Australian Register. The AD/JT15D/5, affecting Pratt and Whitney Canada JT15D series turbine engines, was assessed and subsequently cancelled by CASA due to the resolution of the unsafe condition, demonstrating the dynamic nature of aviation safety regulation in response to international standards and practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, thereby ensuring the safety of air navigation. These ADs serve as critical instruments for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry is responsible for ensuring the airworthiness of individual aircraft, and CASA, as Australia's national airworthiness authority, plays a pivotal role in this regard by issuing Australian ADs that reflect the requirements of the State of Design. The ADs are legislative instruments under the Legislative Instruments Act 2003 and do not require a Regulatory Impact Statement or public consultation, as determined by the Office of Best Practice Regulation. The scope of this regulation applies to all entities involved in the manufacture, registration, and operation of aircraft within Australia, encompassing both domestic and international obligations under international civil aviation conventions.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to make regulations necessary for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003 (section 6). These ADs serve as the primary means of maintaining the continuing airworthiness of aircraft, as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft was originally designed, has the responsibility for ensuring the airworthiness of the aircraft type, and must provide the necessary information to the States of Registry. The State of Registry, in this case, Australia, is responsible for the airworthiness of individual aircraft, and must develop or adopt requirements to ensure the airworthiness of those aircraft.
The obligations imposed by the Act and the accompanying regulations require CASA to assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. This process ensures that Australian-registered aircraft meet the safety standards set by the international convention. In the specific instance of the Pratt and Whitney Canada JT15D series turbine engines, CASA assessed the AD/JT15D/5 and subsequently cancelled Australian AD/JT15D/5. The cancellation took effect on 27 August 2009, as the unsafe condition identified in the AD no longer existed. No replacement AD was required, as the issue had been resolved.
Failure to comply with the ADs could result in various legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may constitute an offence, leading to potential criminal charges. Additionally, the Civil Aviation Safety Regulations 1998 may impose specific penalties for non-compliance, including fines and potential suspension or revocation of aircraft certificates of airworthiness. The exact penalties for breaches may vary depending on the severity of the offence and are determined by relevant aviation authorities.
The AD cancellation in question was made in accordance with the Civil Aviation Act 1988 (subsection 84A(2)), without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD was issued by the Manager, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, ensuring the appropriate authority and process were followed in the decision-making.