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 Swiss Federal Office for Civil Aviation (FOCA) has issued AD HB-2005-288 affecting Pilatus PC12 and PC-12/45 model aircraft. Switzerland is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/PC-12/47, which will become effective on 1 September 2005.
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, enacted by the Australian Parliament, was introduced to ensure the safety and regulation of civil aviation within Australia. One of its key provisions is the ability for the Governor-General to make regulations under section 98 to maintain the safety of air navigation. The Act, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, ensuring compliance with international standards set forth by the International Civil Aviation Organization (ICAO). The policy objective of these regulations is to maintain the highest safety standards in the operation of aircraft within Australia, reflecting Australia's commitments under international conventions, and to ensure that the continuing airworthiness of aircraft is managed effectively by the relevant State of Registry.
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) to ensure the continuing airworthiness of specific aircraft types or aeronautical products. These ADs are legislative instruments that fall under the purview of the Acts Interpretation Act 1901 and are issued to mandate safety requirements as determined by the relevant State of Design. In this context, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must communicate necessary information to the States of Registry, including Australia. CASA, as Australia's national airworthiness authority, is obligated to assess information from the State of Design and issue corresponding Australian ADs to enforce these safety requirements. For example, following the issuance of Swiss Federal Office for Civil Aviation AD HB-2005-288 for Pilatus PC12 and PC-12/45 aircraft, CASA has issued Australian AD/PC-12/47, effective from 1 September 2005. This process adheres to Australia's obligations under the Convention on International Civil Aviation and does not necessitate public consultation or a Regulatory Impact Statement.
Key Provisions
The main provisions of the Civil Aviation Act 1988, as related to the issuing of airworthiness directives (ADs), empower the Governor-General to create regulations in the interest of air navigation safety, as seen in section 98. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Section 39.001(5) of the same regulations classifies ADs as disallowable instruments under the Acts Interpretation Act 1901, thereby rendering them legislative instruments as per section 6 of the Legislative Instruments Act 2003. This framework ensures that ADs serve as a primary means of maintaining the continuing airworthiness of aircraft types, aligning with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation.
The obligations under this legislation impose significant responsibilities on both the State of Design and the State of Registry. The State of Design, which in this case is Switzerland for the Pilatus PC12 and PC-12/45 models, is tasked with providing all necessary information to ensure the ongoing airworthiness of aircraft types. The State of Registry, in this context, CASA as Australia’s national airworthiness authority, must evaluate the ADs issued by the State of Design and determine if issuing an Australian AD is necessary. This process ensures that all aircraft registered in Australia comply with the necessary safety standards as per the ADs.
Failure to comply with the requirements set forth in these ADs can lead to serious legal consequences. The regulations do not explicitly detail specific offences or penalties for non-compliance, but non-compliance with airworthiness directives can lead to enforcement actions by CASA. These actions may include grounding of the aircraft, fines, and other regulatory sanctions. The seriousness of non-compliance stems from the overarching aim of ensuring the safety of air navigation, as mandated by the Civil Aviation Act 1988. Therefore, adherence to these ADs is not merely a procedural requirement but a critical safety obligation.