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, the Civil Aviation Safety Authority (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 to appropriate States of Registry any information necessary to ensure the continuing airworthiness of a type. 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.
CASA or its predecessors issued AD/PT6A/12 affecting PT6A engines. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 2 July 2009. No replacement AD is required.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate civil aviation within Australia, ensuring safety and efficiency in air navigation. It provides a legal framework for the Civil Aviation Safety Authority (CASA) to oversee and enforce aviation safety standards, including the issuance of airworthiness directives to maintain the continuing airworthiness of aircraft and aeronautical products. One such regulation, the Civil Aviation Safety Regulations 1998, empowers CASA to issue airworthiness directives as a legislative instrument under the Acts Interpretation Act 1901. The objective of these regulations is to align Australia's aviation safety practices with international standards, specifically those outlined in Annex 8 to the Convention on International Civil Aviation, which assigns responsibilities to the State of Design and the State of Registry concerning the airworthiness of aircraft. In accordance with these international obligations, CASA has recently cancelled a specific airworthiness directive affecting PT6A engines, reflecting Australia's commitment to maintaining high safety standards in its aviation industry.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, aiming to ensure the safety of air navigation. These ADs, as specified under regulation 39.001(5) of the Civil Aviation Safety Regulations 1998, are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. This regulatory framework is integral to fulfilling Australia’s commitment under Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information to ensure the continuing airworthiness of aircraft types, and the State of Registry to adopt or develop requirements to maintain such airworthiness. The specific AD/PT6A/12 concerning PT6A engines, previously issued by CASA, has been cancelled effective 2 July 2009, without the need for a replacement AD, aligning with Australia's obligations under the Convention. This cancellation did not necessitate public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The AD cancellation was executed by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the legislative framework within which airworthiness directives (ADs) are issued. According to these provisions, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specified types of aircraft or aeronautical products to ensure the safety of air navigation. An AD is a legislative instrument under section 46A of the Acts Interpretation Act 1901 and is regulated by the Legislative Instruments Act 2003. These directives serve as a mechanism for ensuring the continuing airworthiness of aircraft, a responsibility that ultimately lies with the State of Registry as stipulated in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these regulations are primarily on CASA and the State of Registry. CASA must ensure that ADs are issued to maintain the airworthiness of aircraft and aeronautical products in accordance with international standards and practices. The State of Registry, on the other hand, must implement and enforce these directives to ensure that individual aircraft remain airworthy. This includes conducting the necessary inspections, maintenance, and repairs as specified in the ADs. Additionally, the State of Design is required to provide any necessary information to the State of Registry to support the ongoing airworthiness of the aircraft type.
Failure to comply with the requirements set out in an AD can lead to serious consequences. While the specific offences, penalties, or consequences for non-compliance are not detailed in the provided text, it is clear that adherence to ADs is critical for maintaining aviation safety. Typically, non-compliance with such regulations could result in fines, legal action, or other penalties as prescribed by the relevant aviation laws. Given the critical nature of airworthiness, the potential for severe penalties underscores the importance of strict compliance with ADs.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a robust framework for issuing and enforcing airworthiness directives to ensure the safety of air navigation. CASA and the State of Registry bear significant responsibilities in this regard, while the State of Design must provide necessary information to support the ongoing airworthiness of aircraft types. Non-compliance with these directives can lead to substantial legal and financial repercussions, highlighting the importance of adhering to the established regulations.