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 FOCA has issued AD HB-2007-382 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-12/51, which will become effective on 25 October 2007.
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 in the Airworthiness Engineering Branch, 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 framework for civil aviation in Australia, addressing various aspects of air navigation safety and efficiency. One key problem it sought to resolve was the need for a unified legislative basis to manage the safety and airworthiness of aircraft operating within Australia, in alignment with international standards set by the Convention on International Civil Aviation. The Act empowers the Governor-General to create regulations that ensure the safety of air navigation, including the issuance of airworthiness directives. The Australian Parliament enacted this legislation to fulfil Australia's international obligations and to maintain high safety standards in the aviation industry.
The Civil Aviation Safety Regulations 1998 further operationalise the provisions of the Act by granting the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives for specific types of aircraft and aeronautical products. This regulatory mechanism ensures that aircraft registered in Australia meet the necessary safety standards, aligning with directives issued by the aircraft's State of Design. The issuance of such directives is a legislative instrument under the Legislative Instruments Act 2003, and in the case of Australian AD/PC-12/51, it was developed in response to an airworthiness directive from Switzerland, the State of Design for the Pilatus PC-12 model aircraft. This legislative framework is designed to maintain the continuing airworthiness of aircraft in accordance with international standards, thereby ensuring the safety of air navigation.
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 specific types of aircraft or aeronautical products. These ADs are regulatory instruments that mandate actions to ensure the safety and continuing airworthiness of aircraft. As stated in subregulation 39.001(5), ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are thus legislative instruments as per the Legislative Instruments Act 2003. This regulatory framework applies to aircraft registered in Australia, and CASA, as the national airworthiness authority, is responsible for ensuring these aircraft meet airworthiness standards. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must review and, if necessary, issue a corresponding Australian AD to enforce the required safety measures. These ADs are integral to maintaining the safety standards outlined in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design with overall responsibility for the continuing airworthiness of an aircraft type. The issuance of ADs by CASA is based on Australia's international obligations and responses to directives from the relevant State of Design, thus no public consultation is required, and a Regulatory Impact Statement is not deemed necessary.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This authority is further clarified by subregulation 39.001(5), which designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as legislative instruments pursuant to section 6 of the Legislative Instruments Act 2003. These directives play a crucial role in ensuring the continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation.
The obligations under this legislation are primarily centred on the responsibilities of the State of Design and the State of Registry. The State of Design, in this case, Switzerland, holds the primary responsibility for the continuing airworthiness of the Pilatus PC-12 model aircraft and must provide necessary information to ensure compliance with airworthiness standards. The State of Registry, which is Australia in this context, must then adopt or develop requirements to ensure that the aircraft maintain their airworthiness. CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed necessary, issue an Australian AD to enforce these requirements. This process ensures that Australian aircraft meet international safety standards.
Failure to comply with airworthiness directives can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs may be considered an offence, leading to potential civil or criminal penalties. Although the specific penalties are not detailed in the provided text, non-compliance with safety regulations can typically result in fines or other sanctions. The severity of these penalties can vary depending on the nature and extent of the non-compliance. Additionally, operators who fail to adhere to ADs may face operational restrictions, including grounding of aircraft, which can have severe operational and financial implications.