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 Emergency AD
2009-0028-E affecting Pilatus PC-12/47E model aircraft. The EASA acts on behalf of Switzerland, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/PC-12/55, which will become effective on 13 February 2009.
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, 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 Commonwealth Parliament, provides a legislative framework for ensuring the safety of air navigation in Australia. It empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, that support the overarching aim of aviation safety. The Act addresses the need for a robust and legally binding framework to govern the safety standards of aircraft and aeronautical products within Australia, aligning with international standards and obligations under the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998, in particular, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, which are legislative instruments subject to disallowance, are integral to maintaining the continuing airworthiness of aircraft, as mandated by international conventions and the specific responsibilities of the State of Design and State of Registry.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to specific kinds of aircraft or aeronautical products. These directives are designed to ensure the continuing airworthiness of aircraft, a responsibility that falls on the State of Registry for individual aircraft and the State of Design for the aircraft type. In the case of the Pilatus PC-12/47E model aircraft, the European Aviation Safety Authority, acting on behalf of Switzerland as the State of Design, issued an emergency AD. CASA, as Australia's national airworthiness authority, assessed this directive and subsequently issued its own Australian AD, which applies to the Pilatus PC-12/47E aircraft registered in Australia. This process is in accordance with Australia's obligations under the Convention on International Civil Aviation, and no public consultation is required for such ADs. Furthermore, these directives are considered legislative instruments and are subject to disallowance.
Key Provisions
The Civil Aviation (Airworthiness) Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as per section 98 of the Civil Aviation Act 1988. These directives are designed to ensure the continuing airworthiness of aircraft in line with international standards, particularly under Annex 8 to the Convention on International Civil Aviation. An AD is a legislative instrument, disallowable under section 46A of the Acts Interpretation Act 1901, and thus subject to the provisions of the Legislative Instruments Act 2003.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to carefully evaluate any AD issued by the State of Design—the country where the aircraft was designed—and to issue a corresponding Australian AD if necessary. This ensures that all aircraft registered in Australia comply with the airworthiness standards set forth by the international community. For instance, the European Aviation Safety Authority (EASA), acting on behalf of Switzerland, issued Emergency AD 2009-0028-E for Pilatus PC-12/47E model aircraft. CASA, after assessing the need and appropriateness of the directive, issued Australian AD/PC-12/55, effective from 13 February 2009.
Failure to comply with an AD can result in severe consequences. Civil Aviation Order 81.22, which governs compliance with ADs, outlines the mandatory requirements for aircraft operators to adhere to these directives. Non-compliance can lead to civil or criminal penalties. For example, CASA has the authority to issue fines, suspend or revoke an operator's certificate, or take legal action against the aircraft operator or owner. The severity of the penalties may depend on the nature and extent of the non-compliance, with maximum penalties potentially including substantial fines and imprisonment for individuals found guilty of criminal offences.
In summary, the Civil Aviation (Airworthiness) Regulations 1998 establish a robust framework for ensuring the airworthiness of aircraft in Australia, requiring CASA to issue ADs as necessary and imposing strict compliance requirements on aircraft operators. Failure to comply with these directives can result in significant civil or criminal penalties, underscoring the importance of adhering to these safety regulations.