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 assessed this AD and published Australian
AD/PC-12/32, Amendment 1, however due to administrative errors it was assumed that this amendment was lodged with the Federal Register after the effective date of the AD. CASA has therefore raised AD/PC-12/32 Amendment 2 which will become effective on 25 May 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 comprehensive legal framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, focusing on the safety of air navigation. Under the authority of this Act, the Civil Aviation Safety Regulations 1998 were established, which, among other provisions, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives. These directives are legislative instruments designed to address specific safety concerns related to aircraft types or aeronautical products. The policy objective behind these regulations is to ensure the continuing airworthiness of aircraft, in line with international standards and obligations under the Convention on International Civil Aviation.
In response to an airworthiness directive issued by the European Aviation Safety Authority (EASA) affecting Pilatus PC-12 model aircraft, CASA has issued its own directive to mandate the necessary safety requirements in Australia. This directive addresses administrative errors in the previous amendment and ensures compliance with international obligations. The process of issuing this directive reflects Australia's commitment to maintaining high safety standards in civil aviation, aligning with both domestic and international regulatory frameworks.
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 specified types of aircraft or aeronautical products, thereby fulfilling the requirements set out in section 98 of the Civil Aviation Act 1988. This regulatory mechanism is intended to ensure the continuing airworthiness of aircraft registered in Australia, adhering to international standards as outlined in Annex 8 to the Convention on International Civil Aviation. ADs serve as a critical tool for maintaining safety standards, and CASA's role in issuing these directives is underpinned by its responsibility as the national airworthiness authority. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are created in accordance with the Legislative Instruments Act 2003. The issuance of an AD, such as AD/PC-12/32 Amendment 2 for the Pilatus PC-12 model aircraft, is directly linked to the obligations under international conventions and the directives issued by the relevant State of Design, in this case, the European Aviation Safety Authority on behalf of Switzerland. Given the international nature and specific technical requirements of ADs, they are not subject to public consultation or a Regulatory Impact Statement, reflecting the specialised and expert-driven process involved in their creation and implementation.
Key Provisions
The key provisions of the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and are essential for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. When the State of Design, in this case Switzerland for the Pilatus PC-12 model aircraft, issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to enforce the State of Design’s requirements. This process ensures that aircraft registered in Australia meet international safety standards.
The obligations imposed by the Act and the Regulations on CASA include the assessment of ADs issued by the State of Design and the issuance of corresponding Australian ADs. CASA must ensure that these ADs are implemented by the State of Registry, which in Australia's case, is CASA itself. This obligation extends to making necessary amendments to ADs, as seen with the issuance of AD/PC-12/32 Amendment 2 to correct administrative errors in the initial amendment. CASA must also ensure that these ADs are effectively communicated to relevant stakeholders to maintain air safety.
Failure to comply with ADs can result in significant consequences. Under section 84A(3) of the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence. The maximum penalty for such an offence is generally a substantial fine, reflecting the seriousness of ensuring air safety. Additionally, non-compliance can lead to the grounding of affected aircraft, which can have severe operational and financial repercussions for airlines and other operators. The legislative framework thus ensures that all parties adhere to stringent safety standards to protect public safety and maintain the integrity of the aviation industry.