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 US FAA has issued AD 2009-13-06 affecting Piper PA-42 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/PA-42/26, which will become effective on 27 August 2009.
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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, serves to regulate civil aviation in Australia with an emphasis on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations that are integral to maintaining air safety, as exemplified by the Civil Aviation Safety Regulations 1998. Regulation 39.001 within these safety regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that are subject to disallowance and are integral to Australia’s commitment to international aviation safety standards as outlined in the Convention on International Civil Aviation. The ADs are particularly important in ensuring that the continuing airworthiness of aircraft is maintained, a responsibility that falls on both the State of Design and the State of Registry. In alignment with international obligations and the need for immediate action, CASA issues Australian ADs in response to ADs from other States of Design, such as the recent Australian AD/PA-42/26 issued in response to the US FAA's AD 2009-13-06 for Piper PA-42 model aircraft.
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 types of aircraft or aeronautical products, with these directives being considered legislative instruments under the Legislative Instruments Act 2003. The application of these ADs is crucial in ensuring the continuing airworthiness of aircraft, a responsibility that is shared between the State of Design and the State of Registry, as stipulated by Annex 8 of the Convention on International Civil Aviation. When an AD is issued by the State of Design, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD to implement the requirements for aircraft registered in Australia. This legislative mechanism is designed to align with international standards and obligations, as evidenced by the issuance of Australian AD/PA-42/26 in response to the US Federal Aviation Administration’s AD 2009-13-06 for Piper PA-42 model aircraft. The process of issuing these directives does not require public consultation or a Regulatory Impact Statement, reflecting their technical nature and the imperative to swiftly address safety concerns.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 set out the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Act, the Governor-General can make regulations in the interests of air navigation safety, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for aircraft types or aeronautical products. An AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003, and as a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Act and Regulations include the State of Design having responsibility for the continuing airworthiness of aircraft types, which involves providing necessary information to States of Registry to ensure compliance with safety standards. The State of Registry must then develop or adopt requirements to maintain airworthiness. In Australia, CASA, as the national airworthiness authority, assesses ADs issued by the State of Design and may issue corresponding Australian ADs, such as AD/PA-42/26 for Piper PA-42 model aircraft, following the assessment of an AD issued by the US Federal Aviation Administration (FAA).
There are no public consultation requirements for issuing ADs, as they fall under international obligations and are issued in response to directives from the State of Design. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. CASA issues these directives in accordance with the Act, specifically under subsection 84A(2).
Breach of the requirements set forth in the ADs can lead to civil and criminal consequences. Civil penalties may include fines, while criminal penalties may include imprisonment, reflecting the seriousness of non-compliance with airworthiness directives. The specific maximum penalties are not detailed in the provided text but generally align with the severity of the safety breach and the potential risk posed to air navigation.