AD/PC-12/58 - Air Data Attitude & Heading Reference System - CANCELLED

Overview

The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, governs aviation safety in Australia and provides the framework for ensuring the continuing airworthiness of aircraft. One of the key mechanisms through which this is achieved is the issuance of airworthiness directives (ADs), which are regulatory instruments designed to mandate specific requirements for the maintenance and operation of aircraft to ensure safety. The Civil Aviation Safety Regulations 1998 further detail the processes and requirements for issuing such directives. The Act addresses the need for a robust regulatory framework to manage airworthiness and safety standards, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). This legislation aims to safeguard the safety of air navigation and the public by ensuring that aircraft meet necessary safety and maintenance standards.

Scope and Application

The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations that promote the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are legislative instruments that serve to maintain the continuing airworthiness of aircraft, with CASA acting on behalf of the State of Registry to ensure compliance with international standards set forth in Annex 8 to the Convention on International Civil Aviation. When a State of Design, such as Switzerland in the case of the Pilatus PC-12 series aeroplanes, issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements. The AD/PC-12/58, which affected Pilatus PC-12 series aeroplanes, has been cancelled following the issuance of an equivalent AD by the European Aviation Safety Agency (EASA), which represents the State of Design for these aeroplanes. The cancellation of this AD is set to become effective on 4 December 2009, and as the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, no public consultation was undertaken prior to this cancellation.

Key Provisions

The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. These regulations are supported by the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, as they are disallowable instruments as per section 46A of the Acts Interpretation Act 1901. ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft types, aligning with Annex 8 to the Convention on International Civil Aviation. The obligations under these regulations primarily fall on CASA as the national airworthiness authority, which must assess any airworthiness directives issued by the State of Design and determine if an Australian AD is necessary to mandate those requirements. This assessment ensures that aircraft registered in Australia meet the continuing airworthiness standards set forth by the State of Design. For instance, CASA issued AD/PC-12/58 concerning the Pilatus PC-12 series aeroplanes, which was subsequently superseded by the European Aviation Safety Agency’s (EASA) AD 2009-0249. This newer directive, issued on behalf of Switzerland, the state of design for these aeroplanes, led to the cancellation of the earlier Australian AD, effective from 4 December 2009. Any breach of the airworthiness directives issued under the Civil Aviation Safety Regulations 1998 could result in significant consequences. The primary responsibility lies with aircraft operators to ensure compliance with ADs, as failure to adhere to these directives can lead to severe penalties. Non-compliance may result in the aircraft being deemed unairworthy, potentially leading to enforcement actions by CASA, which can include fines and legal action against the aircraft operator. While the specific penalties are not detailed in the provided text, it is clear that the implications of not adhering to these directives can be substantial, impacting the safety and legality of air operations. In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for issuing airworthiness directives to ensure the safety of aircraft. CASA, as the national airworthiness authority, has the responsibility to issue and enforce these directives, which are critical for maintaining the continuing airworthiness of aircraft registered in Australia. The obligations extend to aircraft operators, who must comply with these directives to avoid penalties and ensure safe air navigation.