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 of Civil Aviation has issued AD HB-2006-444 affecting Pilatus PC-12 model aircraft. Switzerland is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/PC-12/49, which will become effective on 21 December 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 legislative framework for civil aviation in Australia, ensuring safety and efficiency in air navigation and operations. This Act empowers the Governor-General to create regulations in the interest of air navigation safety, and it allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are designed to maintain the continuing airworthiness of aircraft and are integral to fulfilling Australia's obligations under the Convention on International Civil Aviation. The objective of the ADs is to ensure that aircraft registered in Australia comply with international safety standards and requirements set by the State of Design, thereby enhancing overall aviation safety and consistency across jurisdictions.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as detailed in regulation 39.001. These ADs, which are legislative instruments under the Acts Interpretation Act 1901, are mandated to ensure the safety of air navigation and are issued in accordance with international standards set by Annex 8 to the Convention on International Civil Aviation. Each AD is issued in response to a determination by the State of Design, which is responsible for the continuing airworthiness of a particular aircraft type, with the State of Registry being the entity responsible for the continuing airworthiness of an individual aircraft. CASA, as Australia's national airworthiness authority, is obligated to assess and implement these directives as appropriate, ensuring compliance with both international and domestic aviation safety standards. The issuance of these ADs, such as AD/PC-12/49 concerning the Pilatus PC-12 model aircraft, is conducted without public consultation due to their nature and the international obligations that necessitate them, and they do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to make regulations in the interests of air navigation safety (section 98), and regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft types or aeronautical products. Section 98 is central to the regulatory framework, empowering the creation of ADs as a means to ensure safety. Section 39.001(5) further clarifies that ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations on the parties involved are significant. The State of Design, such as Switzerland for the Pilatus PC-12, has the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, including Australia. As per Annex 8 to the Convention on International Civil Aviation, the State of Registry must then implement or adopt requirements to maintain the airworthiness of registered aircraft. In this context, CASA, as Australia’s national airworthiness authority, must review and, if necessary, issue an Australian AD to align with the State of Design’s directives.
Failure to comply with the provisions of the ADs can result in severe consequences. The Civil Aviation Act 1988 and associated regulations lay out various offences and penalties for non-compliance. For instance, section 23 of the Act imposes civil penalties for violations, which can include fines up to the maximum prescribed by the Act. Section 23AA of the Act provides for criminal penalties, including imprisonment, for more serious breaches. The exact penalties depend on the severity of the violation and the discretion of the court.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a robust framework for issuing and enforcing ADs to ensure aircraft safety. The obligations on States of Design and Registry are clear, and CASA plays a crucial role in implementing these regulations in Australia. Non-compliance can lead to significant civil and criminal penalties, highlighting the importance of adhering to these directives.