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 European Aviation Safety Authority (EASA) has issued AD 2008-0047 affecting Pilatus PC 12 series aeroplanes. EASA acts on behalf of Switzerland, the State of Design for this series. CASA has assessed this AD and has issued Australian
AD/PC-12/52, which will become effective on 7 March 2008.
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 Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, governs the regulation and oversight of civil aviation within Australia. This legislation was introduced to address the need for comprehensive and uniform regulation of civil aviation activities, ensuring the safety and efficiency of air navigation and operations. The Act empowers the Governor-General to make regulations, including those related to the issuance of airworthiness directives (ADs), to maintain the highest safety standards. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific kinds of aircraft or aeronautical products, acting in accordance with international obligations under the Convention on International Civil Aviation. This legislative framework ensures that Australia meets its international commitments while safeguarding the airworthiness of aircraft registered within its territory. The policy objective of these regulations is to promote the continuing airworthiness of aircraft and to ensure the safety of air navigation.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the authority of the Civil Aviation Act 1988, provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs for specific types of aircraft or aeronautical products to ensure their continuing airworthiness. Such ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are legislative instruments as per the Legislative Instruments Act 2003. These ADs align with the international standards set forth in Annex 8 to the Convention on International Civil Aviation, whereby the State of Design is responsible for the continuing airworthiness of an aircraft type, and the State of Registry must implement necessary measures to maintain this airworthiness. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, is required to assess the information and, if necessary, issue a corresponding Australian AD. For example, in response to an AD issued by the European Aviation Safety Authority (EASA) for the Pilatus PC 12 series aeroplanes, CASA issued Australian AD/PC-12/52, which became effective on 7 March 2008. Given the international obligations and the nature of the directive, no public consultation was conducted, and the Office of Best Practice Regulation deemed that a Regulatory Impact Statement was not required.
Key Provisions
The main operative sections of this legislation are sections 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. Section 98 of the Act empowers the Governor-General to make regulations for air navigation safety, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) specifies that an AD is a disallowable instrument, thus classifying it as a legislative instrument under the Legislative Instruments Act 2003.
The obligations and requirements imposed by these sections and regulations include CASA’s responsibility to assess airworthiness directives issued by the State of Design and, if appropriate, issue corresponding Australian ADs. This is to ensure that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with international standards. The State of Design, in this case Switzerland for the Pilatus PC 12 series aeroplanes, has the responsibility to provide necessary information to ensure the continuing airworthiness of the aircraft type. Meanwhile, the State of Registry, in this context Australia, must develop or adopt requirements to ensure that the individual aircraft remain airworthy. This collaborative effort is essential to uphold safety standards as outlined in Annex 8 to the Convention on International Civil Aviation.
Any breach of the airworthiness directives issued by CASA could result in severe consequences. Non-compliance with these directives may lead to the aircraft being grounded or prohibited from flying until the necessary actions are taken to ensure compliance. This not only affects the aircraft operator but also poses significant safety risks to the passengers and crew. The Civil Aviation Safety Regulations 1998 do not explicitly outline specific penalties for non-compliance with ADs. However, general aviation regulations and other relevant laws may impose fines, enforcement actions, or even criminal charges in cases of serious non-compliance that result in accidents or endanger public safety.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for ensuring the airworthiness of aircraft operating in Australia. CASA’s role in issuing and enforcing airworthiness directives is crucial to maintaining safety standards. The State of Design and State of Registry both have defined responsibilities to ensure that aircraft are maintained in a safe and airworthy condition, in compliance with international aviation standards. Failure to adhere to these directives can result in serious safety implications and potential legal consequences.