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-46/12 specifying maintenance on an engine component in Piper PA-46 aircraft. AD/PA-46/12 is intended to match AD 87-04-01 issued for the Piper PA-46 in the USA, the State of Design of the Piper PA-46. CASA has reviewed AD/PA-46/12 and has decided to amend it to more closely match AD 87-04-01. The amendment, AD/PA-46/12 Amdt 1, will become effective on 9 April 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 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 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation and related activities. The Act empowers the Governor-General to make regulations that serve the interests of aviation safety, with the Civil Aviation Safety Regulations 1998 outlining specific requirements, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs, as legislative instruments, are critical in maintaining the continuing airworthiness of aircraft as mandated by international conventions such as Annex 8 to the Convention on International Civil Aviation. CASA, acting on behalf of Australia’s obligations under these international agreements, issues ADs that align with directives from the State of Design, ensuring that Australian aircraft meet global safety standards. The amendments to existing ADs, such as AD/PA-46/12 Amdt 1 for Piper PA-46 aircraft, reflect CASA’s commitment to harmonising Australian safety regulations with those of other ICAO Contracting States, thereby enhancing overall aviation safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901, and they serve to ensure the continuing airworthiness of aircraft in accordance with international obligations under the Convention on International Civil Aviation. The ADs are typically issued in response to directives from the aircraft's State of Design, necessitating CASA to assess and implement equivalent measures for aircraft registered in Australia. The scope of the ADs applies to all aircraft and aeronautical products within the Australian Register, with CASA ensuring compliance through regulatory mandates. Notably, the ADs are issued without public consultation as they are aligned with international standards, and they do not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The authority to issue these directives is vested in CASA, acting on behalf of the Governor-General, and the ADs become effective as per the specified dates, with amendments replacing previous directives to ensure up-to-date safety standards.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Specifically, section 98 of the Act authorises the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations empowers CASA to issue ADs for types of aircraft or aeronautical products. The ADs are legislative instruments that must be assessed and potentially adopted by the State of Registry, which in Australia is CASA.
Under these provisions, CASA has the responsibility to issue ADs that mandate specific requirements for the continuing airworthiness of aircraft registered in Australia. These requirements are intended to ensure that aircraft maintain their airworthiness standards as set forth by the State of Design, which in the case of the Piper PA-46 is the United States. When CASA issues an AD, it must be consistent with the requirements set by the State of Design, and where necessary, CASA may amend an existing AD to align it more closely with international standards.
The obligations imposed on parties governed by these regulations include compliance with the ADs issued by CASA. For example, aircraft operators must ensure that any required maintenance or modifications are carried out as specified in the ADs. CASA also has the duty to review and, if necessary, issue ADs in response to information from the State of Design. This ensures that all aircraft registered in Australia meet the necessary safety standards.
Breaches of the ADs may lead to serious consequences. Civil penalties may be imposed for non-compliance, and in severe cases, criminal penalties may apply. The maximum penalties for such breaches can be substantial, reflecting the importance of adhering to airworthiness requirements to ensure public safety. Failure to comply with an AD can result in the grounding of an aircraft, which has significant implications for both the operator and the passengers. Therefore, compliance with ADs is not only a legal obligation but also a critical safety measure.