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, the Civil Aviation Safety Authority (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.
CASA and its predecessors issued AD/P68/19 Amdt 2 specifying a periodic inspection on Partenavia P68 aircraft. CASA has reviewed AD/P68/19 Amdt 2 and has decided to amend it to AD/P68/19 Amdt 3 to more closely match the requirements and the clarity of the AD in force in Italy, the State of Design of the P68. The amendment will become effective on 25 September 2008. 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, Airframes 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 ensure the safety and efficiency of civil aviation in Australia, providing a legislative framework for the regulation of aviation safety, including the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998, which were made under the authority of the Act, allow the Civil Aviation Safety Authority (CASA) to issue such directives to ensure the continuing airworthiness of aircraft registered in Australia. This is particularly important as it aligns with Australia’s international obligations under the Convention on International Civil Aviation, where the State of Design holds responsibility for the continuing airworthiness of aircraft types. CASA, acting as Australia's national airworthiness authority, is required to issue corresponding directives when the State of Design issues new or amended directives. The airworthiness directive AD/P68/19 Amdt 3, replacing the previous amendment AD/P68/19 Amdt 2, was issued by CASA to align Australian requirements with those of the P68's State of Design, Italy, and became effective on 25 September 2008.
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) concerning specific types of aircraft or aeronautical products, thereby ensuring compliance with safety standards and international obligations. These ADs apply to aircraft registered in Australia and are essential for maintaining the continuing airworthiness of such aircraft, aligning with the responsibilities of the State of Registry as outlined in Annex 8 of the Convention on International Civil Aviation. The ADs are legislative instruments subject to disallowance, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. Although these directives are issued in response to international obligations and the issuing State of Design's requirements, they do not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are made by CASA officials, ensuring that they meet the safety standards set forth by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001. These directives pertain to specific kinds of aircraft or aeronautical products, ensuring they meet safety standards necessary for continued operation (reg 39.001(5)). As per the Legislative Instruments Act 2003, ADs are considered legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901. This regulatory framework aligns with Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to maintain overall responsibility for an aircraft type's continuing airworthiness, providing necessary information to the States of Registry.
Under these regulations, the State of Registry is tasked with developing or adopting requirements that ensure the continuing airworthiness of aircraft registered within its jurisdiction. For example, if the State of Design issues an AD, CASA must assess this information and, if appropriate, issue an Australian AD that mandates the requirements of the State of Design. In the case of the Partenavia P68 aircraft, CASA has issued AD/P68/19 Amdt 3, which amends the previous AD/P68/19 Amdt 2 to align more closely with the AD in force in Italy, the aircraft's State of Design. This amendment, effective from 25 September 2008, cancels and replaces the previous directive.
The obligations imposed on the parties governed by this Act include the necessity for the State of Design to provide essential information regarding the continuing airworthiness of aircraft types. States of Registry must then develop or adopt appropriate requirements to ensure compliance with these directives. CASA, as Australia's national airworthiness authority, has the responsibility to assess the information provided by the State of Design and issue corresponding ADs. Aircraft operators and owners must comply with these ADs, ensuring that their aircraft meet the specified safety standards.
Failure to comply with ADs may result in significant consequences. While the specific penalties are not detailed in the provided text, breaches of aviation safety regulations can generally lead to severe civil and criminal penalties. These may include fines, suspension or revocation of airworthiness certificates, and potential criminal charges against operators or individuals responsible for non-compliance. The seriousness of these consequences underscores the importance of adhering to the directives issued by CASA and the regulatory bodies of other States of Design and Registry.