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 Switzerland FOCA has issued AD HB-2006-223 affecting Pilatus PC-12 aircraft. Switzerland is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/PC-12/48, which will become effective on 8 June 2006.
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 establish a framework for civil aviation in Australia, with a focus on safety and regulation. The Act grants the Governor-General the authority to make regulations necessary for the safety of air navigation, as stipulated in section 98. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These directives, as stated in subregulation 39.001(5), are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuance of ADs aligns with the obligations under Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design has the responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the aircraft's ongoing airworthiness. Consequently, CASA assesses information from the State of Design and issues corresponding Australian ADs to enforce the necessary requirements.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides a framework for the regulation of civil aviation safety in Australia, with specific focus on airworthiness directives (ADs) as mandated by regulation 39.001. This legislation applies to the issuance of ADs, which are legislative instruments used to ensure the safety of aircraft and aeronautical products. The Civil Aviation Safety Authority (CASA) is empowered to issue these directives to maintain the continuing airworthiness of aircraft registered in Australia, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). These directives are necessary to address safety concerns identified by the State of Design, such as Switzerland in the case of the Pilatus PC-12 aircraft, and must be assessed and potentially adopted by CASA to ensure alignment with Australian regulations. The ADs are issued under the authority granted by section 98 of the Act and in accordance with Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information for continuing airworthiness. This process ensures that Australian-registered aircraft meet international safety standards, although the issuing of such directives does not require public consultation or a Regulatory Impact Statement due to their technical nature and alignment with international obligations.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 contain provisions that allow the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require the State of Design, in this case, Switzerland for the Pilatus PC-12 aircraft, to provide necessary information to ensure the continuing airworthiness of the aircraft type. This information must be assessed by the State of Registry, which in this instance is CASA. CASA is obligated to review the AD issued by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements set forth by the State of Design. This process ensures that Australian-registered aircraft comply with international standards for airworthiness.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, there are several potential consequences for non-compliance with ADs. While the specific penalties are not detailed in the provided text, it is reasonable to infer that failure to comply with an AD could result in serious safety risks. CASA, as the national airworthiness authority, may take enforcement actions against individuals or entities that fail to comply with ADs, which could include fines, suspension or revocation of airworthiness certificates, or other regulatory measures. The exact penalties would depend on the nature and severity of the non-compliance.