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/7 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 Commonwealth Parliament, seeks to regulate civil aviation in Australia with a strong emphasis on safety and efficiency. It empowers the Governor-General to create regulations for air navigation safety, delegating certain regulatory functions to the Civil Aviation Safety Authority (CASA). One such regulation is the Civil Aviation Safety Regulations 1998, which includes provisions for the issuance of airworthiness directives (ADs) by CASA. These ADs are legislative instruments issued to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with international obligations under the Convention on International Civil Aviation. The policy objective of these regulations is to maintain the highest safety standards in civil aviation, ensuring both national and international compliance.
In the context of AD/PT6A/7 affecting PT6A engines, CASA has exercised its authority under the Civil Aviation Act 1988 to cancel the directive, effective 2 July 2009. This decision aligns with Australia's commitments under the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry. The cancellation of this AD was made without public consultation as it does not necessitate a Regulatory Impact Statement and was processed according to the legislative framework provided by the Act.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes a comprehensive framework for ensuring the safety of air navigation in Australia, with a specific focus on the issuance of airworthiness directives (ADs). Under this legislative framework, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products, as stipulated in regulation 39.001. These directives, which are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, serve as critical mechanisms for maintaining the continuing airworthiness of aircraft, aligning with the obligations outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this context, is responsible for ensuring the airworthiness of individual aircraft, while the State of Design is tasked with overseeing the overall airworthiness of an aircraft type. Given Australia's commitments under international aviation agreements, CASA has the authority to issue and subsequently cancel ADs, as demonstrated by the cancellation of AD/PT6A/7 affecting PT6A engines, effective from 2 July 2009, without the need for public consultation or a Regulatory Impact Statement. This regulatory action underscores the importance of international cooperation in maintaining aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 (paragraph 39.001(5)). These ADs are legislative instruments, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and fall under the definition of legislative instruments in the Legislative Instruments Act 2003. ADs play a critical role in ensuring the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility on the State of Design to provide necessary information to States of Registry. The State of Registry, in turn, must ensure the continuing airworthiness of individual aircraft.
Entities governed by the Civil Aviation Safety Regulations 1998, particularly CASA, have the obligation to issue ADs to maintain safety standards. The State of Design must communicate essential information about aircraft type airworthiness to the States of Registry. The State of Registry is responsible for implementing and enforcing the ADs to ensure that aircraft remain airworthy throughout their operational life. CASA's role includes reviewing, issuing, and cancelling ADs as necessary, taking into account international obligations and safety standards.
Breach of the requirements outlined in the ADs can lead to significant consequences. The Civil Aviation Act 1988 and associated regulations do not explicitly detail the specific offences or penalties for non-compliance with ADs. However, non-compliance can result in severe civil or criminal penalties, including fines and imprisonment, under broader aviation safety laws. The severity of penalties depends on the nature and extent of the breach, as well as the potential risk posed to public safety. It is critical for operators and individuals to adhere to ADs to avoid legal repercussions and ensure the safety of air navigation.