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/13 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. One of the key instruments under this Act is the issuance of airworthiness directives (ADs), which are regulatory measures designed to maintain the airworthiness of aircraft and aeronautical products. These directives are issued by the Civil Aviation Safety Authority (CASA), which is tasked with overseeing the safety of civil aviation in Australia. The Civil Aviation Safety Regulations 1998 further detail the process and requirements for issuing such directives, ensuring they comply with international standards, particularly those set by the International Civil Aviation Organization (ICAO). The cancellation of AD/PT6A/13, which affected PT6A engines, exemplifies the dynamic nature of aviation safety regulations, where directives can be amended or rescinded in response to evolving safety standards and international obligations, such as those under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specified types of aircraft or aeronautical products. These regulations apply to all entities involved in the design, manufacture, and operation of aircraft within Australia, ensuring that the standards set forth by the Civil Aviation Act 1988 are met for the safety of air navigation. The scope of these regulations extends to all aircraft registered in Australia, regardless of whether they are commercial or private, and includes entities such as aircraft manufacturers, operators, and maintenance service providers. The geographic reach of these regulations is national, as they govern activities within Australian territory. However, the regulations are also influenced by international obligations under the Convention on International Civil Aviation, particularly Annex 8, which places responsibility on the State of Design and State of Registry for ensuring the continuing airworthiness of aircraft. The ADs are legislative instruments and can be subject to disallowance. The cancellation of an AD, such as AD/PT6A/13 for PT6A engines, is a decision made by CASA without the need for public consultation or a Regulatory Impact Statement, reflecting its authority and the specific obligations under international conventions.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 allow for the creation and issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs for particular types of aircraft or aeronautical products. Moreover, subregulation 39.001(5) classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby making it a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The Act and the Regulations impose several obligations and requirements on CASA and other relevant parties. CASA is tasked with ensuring the continuing airworthiness of aircraft types registered in Australia, in alignment with international standards and obligations under the Convention on International Civil Aviation. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. Conversely, the State of Registry must establish or adopt requirements to ensure the ongoing airworthiness of individual aircraft. As such, CASA must issue ADs when necessary to address safety concerns and must cancel such directives when they are no longer required, as demonstrated by the cancellation of AD/PT6A/13 concerning PT6A engines, effective from 2 July 2009.
The legislation also delineates consequences and penalties for breaches of the Act and the Regulations. While the text does not explicitly state civil or criminal penalties for non-compliance with ADs, non-compliance with airworthiness regulations generally can lead to severe consequences, including the suspension or revocation of an aircraft's certificate of airworthiness, fines, and potential criminal charges. These repercussions underscore the importance of adhering to ADs to maintain the safety of air navigation.