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 Federal Office of Civil Aviation (FOCA) has issued AD HB-2005-470 affecting Pilatus PC-12 & PC-12/45 aircraft. Switzerland is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/PC-12/43, Amendment 1, which will become effective on 16 February 2006. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation safety and efficiency in Australia. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, which includes the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that address safety issues for specific types of aircraft or aeronautical products. The Civil Aviation (Safety) Regulations 1998 further clarify that ADs are a means by which the State of Registry, in this case, the Civil Aviation Safety Authority (CASA), can mandate continuing airworthiness requirements derived from the State of Design. The explanatory statement highlights that Australia's obligations under the Convention on International Civil Aviation necessitate the issuance of such directives, ensuring alignment with international standards and practices. Consequently, CASA issues ADs in response to directives from the relevant State of Design, such as the recent Australian AD/PC-12/43, Amendment 1, issued to address safety concerns identified by the Swiss Federal Office of Civil Aviation for Pilatus PC-12 & PC-12/45 aircraft.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are essential in ensuring the ongoing airworthiness of aircraft registered in Australia and are issued in accordance with the provisions of the Civil Aviation Act 1988 and international obligations under the Convention on International Civil Aviation. The ADs serve to maintain safety standards and are a critical tool for the State of Registry, which in Australia’s case is CASA, in its responsibility for the continuing airworthiness of aircraft. The ADs are often in response to directives issued by the State of Design, such as the Swiss Federal Office of Civil Aviation in the case of the Pilatus PC-12 and PC-12/45 aircraft, which requires CASA to evaluate and, if necessary, issue corresponding Australian ADs. These directives are legislative instruments under the Legislative Instruments Act 2003, and while they do not undergo public consultation or require a Regulatory Impact Statement, they are made by CASA in accordance with the Act and its regulatory frameworks.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the framework for the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act, with a particular focus on ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. This regulatory action is crucial for maintaining the safety and airworthiness of aircraft operating in Australian airspace. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are treated as legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are significant for both the State of Design and the State of Registry. The State of Design, which is responsible for the initial design and airworthiness of an aircraft type, must provide all necessary information to ensure the continuing airworthiness of the aircraft type to the States of Registry. This includes issuing ADs when necessary. The State of Registry, in this case, CASA as Australia's national airworthiness authority, is obligated to assess the information provided by the State of Design and issue corresponding Australian ADs if appropriate. These ADs then mandate the requirements for the continuing airworthiness of the aircraft registered within the State of Registry, ensuring compliance with safety standards and international conventions.
Breach of the requirements outlined in an AD can lead to severe consequences. While the specific penalties for non-compliance with ADs are not detailed in the provided text, non-compliance with ADs generally can result in both civil and criminal penalties. These can include fines, suspension or revocation of airworthiness certificates, and potential criminal charges depending on the severity of the non-compliance and the impact on safety. The adherence to ADs is critical as they are designed to address safety issues identified with specific aircraft types and ensure that all aircraft maintain the required safety standards.