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 2009-0040 affecting Pilatus PC-12 model aircraft. EASA acts on behalf of Switzerland, the State of Design for this type. CASA has assessed this AD and has issued Australian
AD/PC-12/56, which will become effective on 1 March 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, Airframes & Structures in the Airworthiness Engineering Group, 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, was established to ensure the safety of air navigation and to regulate civil aviation within Australia. The Act provides the legal framework for the creation and enforcement of safety regulations, including the issuance of airworthiness directives (ADs) which are instrumental in maintaining the continuing airworthiness of aircraft. These directives are issued by the Civil Aviation Safety Authority (CASA) under the authority delegated by the Act. The policy objective of this legislation is to align Australian civil aviation practices with international standards, ensuring the safety and efficiency of air navigation within Australia, while also fulfilling Australia’s obligations under the Convention on International Civil Aviation.
The Civil Aviation Safety Regulations 1998 further detail the regulatory mechanisms under which ADs are issued. These regulations were established to support the overarching aims of the Civil Aviation Act 1988 by providing specific guidelines for maintaining airworthiness. Regulation 39.001 specifically empowers CASA to issue ADs for certain types of aircraft and aeronautical products, which are designed to address safety issues identified by the State of Design or other relevant authorities. This legislative framework ensures that any necessary actions to maintain the safety of aircraft registered in Australia are promptly and effectively implemented.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework within which airworthiness directives (ADs) can be issued to ensure the safety of air navigation. Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs are legislative instruments that must comply with the Legislative Instruments Act 2003. In the context of international obligations under the Convention on International Civil Aviation, the State of Design holds responsibility for the continuing airworthiness of an aircraft type, and the State of Registry is responsible for the individual aircraft. CASA, as Australia's national airworthiness authority, is mandated to assess and, if necessary, issue Australian ADs in response to ADs issued by the relevant State of Design. This process ensures that Australian aircraft comply with international safety standards. The issuance of ADs such as AD/PC-12/56 in response to EASA’s AD 2009-0040 for the Pilatus PC-12 model aircraft is a direct consequence of these international obligations and does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are crucial for ensuring the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). Specifically, subregulation 39.001(5) specifies that ADs are considered disallowable instruments under the Acts Interpretation Act 1901, and thus, they are legislative instruments as per the Legislative Instruments Act 2003. This legal framework underscores the importance of ADs in maintaining the safety and airworthiness of aircraft.
Under the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, specifically in the interests of the safety of air navigation. When the State of Design, such as Switzerland in the case of the Pilatus PC-12 model aircraft, issues an AD, CASA, as Australia’s national airworthiness authority, is obligated to assess the information provided and, if deemed necessary, issue an Australian AD to mandate the requirements of the State of Design. This ensures that the Australian aircraft register complies with international safety standards. The State of Registry, which in this case is Australia, has the responsibility of ensuring the continuing airworthiness of aircraft registered within its jurisdiction. This includes adopting or developing requirements that align with the ADs issued by the State of Design.
There are no civil or criminal penalties directly associated with the issuance of ADs under the Civil Aviation Safety Regulations 1998. However, failure to comply with the requirements outlined in an AD could result in severe consequences for the safety and airworthiness of the aircraft, potentially leading to grounding or other regulatory actions by CASA. For example, if an operator does not adhere to an AD, they may face enforcement actions, including fines, suspension of operations, or even criminal charges if the non-compliance leads to a safety incident. The AD itself is a legislative instrument created to ensure compliance with airworthiness standards, and the onus is on the operators and States of Registry to ensure adherence to these directives.
In summary, the Civil Aviation Safety Regulations 1998 enable CASA to issue ADs to maintain airworthiness standards in alignment with international obligations. The State of Registry, in this case, Australia, must ensure compliance with these directives, which are issued in response to ADs from the State of Design. While there are no direct penalties for the issuance of ADs, non-compliance with these directives can result in serious consequences for aircraft operators, including potential enforcement actions by CASA. The legislative framework ensures that airworthiness directives are issued in the interest of safety, without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.