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/14 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 for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, and it is within this legislative framework that the Civil Aviation Safety Regulations 1998 were established. These regulations delegate to the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is a legislative instrument that plays a crucial role in maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry under Annex 8 of the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 provide the mechanism through which CASA implements these directives, ensuring compliance with both national and international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988 provides a framework for ensuring the safety of air navigation and, under regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are intended to maintain the continuing airworthiness of aircraft in accordance with international standards set out in Annex 8 of the Convention on International Civil Aviation. The State of Design is responsible for ensuring that the necessary information for continuing airworthiness is provided to the States of Registry, which in turn have the obligation to implement requirements that ensure the airworthiness of individual aircraft. CASA, acting on behalf of the Commonwealth, issues such directives to fulfil Australia’s obligations under the Convention and to safeguard the safety of air navigation within the national jurisdiction. In the case of AD/PT6A/14 affecting PT6A engines, CASA has determined that the directive is no longer necessary due to compliance with international obligations, leading to its cancellation effective from 2 July 2009, without the need for a replacement directive or public consultation.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 (subsection 39.001(5)) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as legislative instruments, necessary for ensuring the safety of air navigation as outlined in section 98 of the Civil Aviation Act 1988. The regulations also state that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they must be considered as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. This framework is integral for maintaining the airworthiness of aircraft, aligning with the obligations 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 an aircraft type.
The obligations imposed by these regulations are significant for both CASA and the State of Registry of an aircraft. CASA is tasked with issuing ADs to ensure the safety and airworthiness of aircraft types and aeronautical products within Australia. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of aircraft as per Annex 8. These requirements necessitate the dissemination of critical safety information, such as ADs, to maintain the safety standards required by international conventions and national regulations. Moreover, the State of Design must provide necessary information to States of Registry to uphold the continuing airworthiness of aircraft types, reflecting a shared responsibility for aviation safety.
Breaching the obligations outlined in these regulations can lead to severe consequences. Failure to comply with ADs can result in aircraft being deemed unairworthy, which can lead to grounding of the aircraft, legal penalties, or other regulatory actions. While specific penalties for non-compliance with ADs are not detailed in the provided text, it is reasonable to infer that such breaches could attract significant fines or other civil and criminal penalties under Australian aviation law. Additionally, any failure to meet the continuing airworthiness requirements can result in sanctions against the manufacturer, operator, or regulator, depending on the specific breach and its impact on aviation safety.