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 United States FAA has issued AD 2008-26-11 affecting Piper PA-46 series aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/PA-46/34, which will become effective on
12 March 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, 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 regulate civil aviation in Australia and to ensure the safety of air navigation. Under this Act, the Governor-General has the authority to make regulations to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables CASA to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. This regulatory framework is designed to address the need for ongoing maintenance of aircraft airworthiness, aligning with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which outlines the responsibilities of States of Design and States of Registry in maintaining aircraft airworthiness. The Civil Aviation Safety Regulations 1998, which provide the basis for issuing ADs, were established to ensure that the continuing airworthiness of aircraft is managed effectively, thereby protecting public safety and meeting international obligations.
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. These ADs are legislative instruments that must be assessed and, if appropriate, mandated by CASA, Australia's national airworthiness authority, in alignment with the obligations of Australia as a signatory to the Convention on International Civil Aviation. This Act applies to entities such as aircraft manufacturers, operators, and maintenance providers, as well as to specific types of aircraft registered in Australia. Geographically, the application of these regulations is national, adhering to international standards set by the International Civil Aviation Organization (ICAO). Notably, ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, due to their alignment with international obligations and the technical nature of the safety directives. The ADs extend their application through subordinate instruments as per the requirements outlined in the Civil Aviation Act 1988 and the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, grants the Governor-General the authority to make regulations aimed at ensuring the safety of air navigation. This legislative power is further specified in regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are formally recognised as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are categorised as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Under these regulations, the State of Design, which is the country where the aircraft is designed, holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type. This obligation includes providing necessary information to other States of Registry to maintain the safety and airworthiness standards of the aircraft. Conversely, the State of Registry, which is the country where the aircraft is registered, must establish and enforce requirements to ensure that individual aircraft remain airworthy. In the context of Australian aviation, CASA, as the national airworthiness authority, must evaluate ADs issued by foreign States of Design, such as the United States, and, if necessary, issue corresponding Australian ADs to align with international safety standards.
The obligations under these provisions require CASA to closely monitor and respond to ADs issued by other States of Design. For instance, when the Federal Aviation Administration (FAA) in the United States issues an AD affecting a type of aircraft registered in Australia, such as the Piper PA-46 series, CASA must review and assess the directive. If deemed necessary, CASA will issue an Australian AD to enforce the same safety requirements domestically. In the case of AD 2008-26-11, CASA issued AD/PA-46/34, effective from 12 March 2009, in response to the FAA’s directive.
Given that ADs are issued to comply with international obligations and in response to directives from the relevant State of Design, there is no requirement for public consultation as per the Office of Best Practice Regulation. Additionally, these ADs do not necessitate a Regulatory Impact Statement. The issuance of such directives is overseen by the Manager, Systems and New Technologies in the Airworthiness Engineering Group at CASA, in compliance with subsection 84A(2) of the Act. This structured approach ensures that Australian aviation safety standards remain consistent with international norms and practices.