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/23 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, was introduced to regulate civil aviation in Australia with a focus on safety. One of its key provisions allows the Governor-General to make regulations for the purposes of the Act, ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These directives are legislative instruments and are crucial for maintaining the continuing airworthiness of aircraft types, in line with international standards set by the Convention on International Civil Aviation. The Act and its regulations are designed to ensure that both the State of Design and the State of Registry of an aircraft have responsibilities for ensuring airworthiness, with ADs serving as a primary tool for disseminating necessary information. The recent cancellation of AD/PT6A/23 affecting PT6A engines by CASA exemplifies the application of these provisions, reflecting Australia's commitment to international obligations and the practical management of air safety regulations.
Scope and Application
The Civil Aviation Act 1988 and its subordinate Civil Aviation Safety Regulations 1998 together provide a framework for the regulation of airworthiness in Australia, with a focus on ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs, as legislative instruments, are instrumental in maintaining the continuing airworthiness of aircraft, aligning with Australia’s commitments under Annex 8 to the Convention on International Civil Aviation. The State of Design and the State of Registry both play critical roles in this regulatory framework, with the State of Registry responsible for ensuring the airworthiness of individual aircraft. In line with international obligations and domestic safety standards, CASA has the authority to issue, review, and cancel ADs as necessary, such as the cancellation of AD/PT6A/23 concerning PT6A engines, effective from 2 July 2009, with no replacement AD required. The legislative process for ADs does not necessitate public consultation or a Regulatory Impact Statement, reflecting the technical and safety-focused nature of this regulatory activity.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001. These directives are crucial tools for ensuring the continuing airworthiness of aircraft and aeronautical products. An AD, as defined in subregulation 39.001(5), is a legislative instrument and can be disallowed under section 46A of the Acts Interpretation Act 1901. This means that an AD carries the same weight as a legislative instrument, subject to certain parliamentary scrutiny.
In terms of obligations, CASA, as the regulatory body, is mandated to issue ADs to maintain the safety standards of aircraft and aeronautical products within Australia. The State of Design, typically the country where the aircraft is manufactured, is responsible for providing necessary information to ensure the continuing airworthiness of the aircraft type. Meanwhile, the State of Registry, which is Australia in this context, must implement or adopt requirements to ensure that the aircraft remain airworthy. This includes following the ADs issued by CASA.
Failing to comply with an AD can lead to serious consequences. The Civil Aviation Act 1988 does not explicitly detail the penalties for non-compliance with ADs, but it can generally result in severe civil or criminal penalties. Civil penalties can include fines and potential grounding of the aircraft until compliance is achieved, while criminal penalties could involve imprisonment, particularly if non-compliance leads to accidents or incidents. Given the critical nature of airworthiness, CASA takes a stringent stance on ensuring that all ADs are followed to the letter.
The process of issuing and cancelling ADs is governed by stringent international standards, specifically under Annex 8 to the Convention on International Civil Aviation. This ensures that ADs are consistent across ICAO Contracting States. The cancellation of AD/PT6A/23, which affected PT6A engines, was made in accordance with Australia's obligations under this convention, without the need for public consultation or a Regulatory Impact Statement. The Manager, Systems and New Technologies in CASA's Airworthiness Engineering Group issued this cancellation under subsection 84A(2) of the Act, ensuring that the process was both lawful and internationally compliant.