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/PA-23/45 specifying periodic inspection of an engine component in Piper PA-23 aircraft. AD/PA-23/45 is intended to match AD 71-12-01 issued for the Piper PA-23 in the USA, the State of Design of the Piper PA‑23. CASA has reviewed AD/PA-23/45 and has decided to amend it to more closely match AD 71-12-01. The amendment, AD/PA-23/45 Amdt 1, will become effective on 12 February 2009. 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 acting 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, enacted to ensure the safety and regulation of civil aviation in Australia, empowers the Governor-General to create regulations that uphold air navigation safety. Under this authority, the Civil Aviation Safety Regulations 1998 permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs are designed to ensure that aircraft remain airworthy over time and comply with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for the continuing airworthiness of aircraft types. CASA, as Australia’s national airworthiness authority, issues these directives to mandate requirements that align with those of the aircraft's State of Design, ensuring consistency in safety standards across international borders. The AD/PA-23/45 Amdt 1, amending the previous directive for Piper PA-23 aircraft, exemplifies this process, reflecting the need to comply with international obligations and maintain safety standards.
Scope and Application
The Civil Aviation (Airworthiness Directives) Amendment Regulation 2009, issued under section 98 of the Civil Aviation Act 1988, applies to entities involved in the operation, maintenance, and registration of aircraft within Australia. Specifically, it targets aircraft operators, maintenance service providers, and other entities responsible for ensuring the continuing airworthiness of aircraft. This regulation is concerned with the issuance of airworthiness directives (ADs) to mandate specific safety requirements for particular types of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. The scope of the Act extends to all aircraft registered in Australia, thereby enforcing compliance with international standards set by the Convention on International Civil Aviation. Exemptions or exclusions from this regulation are not explicitly detailed in the text; however, the focus remains on harmonising Australian regulations with international standards, particularly those established by the State of Design. The regulation is effective across the entire Commonwealth of Australia and does not specify thresholds or additional criteria beyond the requirement for compliance with international safety standards.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, provides the authority for the Governor-General to enact regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are designed to maintain the airworthiness of aircraft and are considered legislative instruments under the Acts Interpretation Act 1901. The State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide necessary information to the State of Registry to ensure the continuing airworthiness of the aircraft. The State of Registry, in turn, is responsible for implementing the requirements set forth in the ADs to maintain the airworthiness of individual aircraft on their registry.
Under these regulations, CASA is mandated to assess the information provided by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design on aircraft registered in Australia. For instance, CASA has issued AD/PA-23/45, which specifies periodic inspections of an engine component in Piper PA-23 aircraft, and has decided to amend this directive to more closely match the equivalent AD issued by the USA, the State of Design for the Piper PA-23. The amendment, AD/PA-23/45 Amdt 1, is set to become effective on 12 February 2009, replacing the previous directive.
The obligations imposed on the parties governed by these regulations are primarily centred on compliance with the ADs issued by CASA. Operators of affected aircraft must adhere to the inspection and maintenance requirements outlined in the ADs to ensure the continuing airworthiness of their aircraft. Failure to comply with these requirements can result in serious safety implications and may lead to enforcement actions by CASA. Additionally, manufacturers and other entities involved in the design and maintenance of aircraft must provide accurate and timely information to CASA to support the issuance and compliance with ADs.
Breaches of the requirements set forth in the ADs can result in significant consequences. CASA has the authority to take enforcement actions against operators who fail to comply with the ADs. These actions may include grounding of the aircraft, suspension or revocation of airworthiness certificates, and in severe cases, criminal prosecution. The maximum penalties for non-compliance can vary, but they may include substantial fines and potential imprisonment for individuals found guilty of serious safety violations. Civil penalties can also be imposed for breaches of regulatory requirements, further incentivising compliance with ADs to maintain the safety and airworthiness of aircraft operating in Australia.