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 European Aviation Safety Authority (EASA) has issued AD 2009-0086 affecting Pilatus PC-12 model aircraft. EASA acts on behalf of Switzerland, the State of Design for this type. CASA has assessed this AD and has issued Australian
AD/PC-12/32, Amendment 1, which will become effective on 28 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, Airframes & Structures 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 legislative framework for the regulation of civil aviation in Australia, focusing on ensuring the safety of air navigation. The Act allows the Governor-General to make regulations under section 98, with a key provision being the issuance of airworthiness directives (ADs) through regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments designed to maintain the continuing airworthiness of aircraft, aligning with international standards as set forth in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, is responsible for assessing international ADs and issuing corresponding Australian ADs when necessary. This legislative framework ensures that Australia meets its international obligations while maintaining high safety standards for civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) which are legislative instruments for ensuring the safety of air navigation. These directives apply to specific kinds of aircraft or aeronautical products, mandating compliance with certain standards to maintain airworthiness. The authority to issue ADs is exercised in accordance with international obligations under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and requires States of Registry to ensure the airworthiness of individual aircraft within their jurisdiction. In the case of aircraft registered in Australia, CASA, as the national airworthiness authority, must issue corresponding ADs when necessary, such as in response to directives issued by the European Aviation Safety Agency on behalf of Switzerland for the Pilatus PC-12 model aircraft. The issuance of such ADs does not require public consultation or a Regulatory Impact Statement, as they are integral to fulfilling Australia's international commitments and ensuring the safety of aircraft operations.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as relevant to the issuance of airworthiness directives (ADs), allow the Governor-General to make regulations for the safety of air navigation (section 98). Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for types of aircraft or aeronautical products (regulation 39.001). This authority stems from international obligations under Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, must assess and, if necessary, issue corresponding ADs to ensure compliance with international standards.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and other entities include the assessment and potential issuance of ADs that align with those issued by the State of Design. This involves ensuring that any necessary modifications or requirements are effectively communicated and implemented to maintain the airworthiness of aircraft registered in Australia. The State of Registry, in this case CASA, must also develop or adopt measures to ensure the continuing airworthiness of aircraft, which includes responding to ADs issued by the State of Design.
Breach of the requirements set forth in the ADs can lead to significant consequences. While the Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences or penalties, failure to comply with an AD can result in severe civil and criminal liabilities. This includes potential fines and imprisonment, as stipulated under the broader provisions of the Civil Aviation Act 1988, which may apply to any non-compliance with regulations designed to ensure the safety of air navigation. The exact penalties can vary based on the severity of the non-compliance and the impact on aviation safety.