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, 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 any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. 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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Transport Canada has issued AD CF-2003-16 affecting Pratt and Whitney Canada (P&WC) PT6B-36A, and PT6B-36B series engines. Transport Canada is the State of Design for these engine types. CASA has assessed this AD and has issued Australian AD/PT6B/2, which will become effective on 9 July 2010. This AD replaces AD/PT6A/33.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes a comprehensive regulatory framework to ensure the safety and efficiency of civil aviation in Australia. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, a task delegated to the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These regulations enable CASA to issue airworthiness directives (ADs), which are legislative instruments used to maintain the continuing airworthiness of aircraft and aeronautical products. The ADs are crucial for complying with international standards set by the International Civil Aviation Organization (ICAO) and reflect the responsibility of the State of Design in providing essential information for maintaining aircraft airworthiness. This legislative framework ensures that Australia meets its international obligations and maintains high safety standards in civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products, ensuring these meet the safety standards required by the Civil Aviation Act 1988. These directives are legislative instruments, subject to disallowance, and are a crucial mechanism for maintaining the continuing airworthiness of aircraft within Australia. The scope of these regulations applies to all aircraft registered in Australia, as well as aeronautical products used in these aircraft, and they are issued in accordance with the provisions of Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must issue an Australian AD when necessary, based on assessments of information provided by the State of Design. This process ensures compliance with international standards and obligations, although it does not require public consultation or a Regulatory Impact Statement as per the Office of Regulatory Review's determination. The ADs issued by CASA are made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, in accordance with subsection 94(1) of the Act, providing a structured framework for the regulation and enforcement of airworthiness directives within the Australian jurisdiction.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for issuing airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to make regulations that promote air navigation safety, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, meaning it is a legislative instrument. The ADs are designed to maintain the continuing airworthiness of aircraft, as per Annex 8 to the Convention on International Civil Aviation, which places responsibility on the State of Design to provide necessary information to the State of Registry.
The obligations imposed by the ADs primarily concern the State of Registry, which must ensure the continuing airworthiness of the aircraft on its register. When a State of Design issues an AD for an aircraft type on the Australian Register, CASA, as the national airworthiness authority, must evaluate the directive and, if appropriate, issue an Australian AD. This process ensures that Australian-registered aircraft meet the airworthiness standards set by the State of Design. For example, Transport Canada, as the State of Design for Pratt and Whitney Canada (P&WC) PT6B-36A and PT6B-36B series engines, issued AD CF-2003-16. CASA assessed this directive and issued Australian AD/PT6B/2, effective from 9 July 2010, replacing the previous AD/PT6A/33.
The ADs issued under this legislative framework are not subject to public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs are issued in compliance with Australia's obligations under the Convention on International Civil Aviation and in response to directives from the relevant State of Design. The Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch at CASA, issues these directives in accordance with section 94(1) of the Act.
Offences or breaches of the ADs can result in severe civil or criminal consequences. Failure to comply with an AD can lead to penalties for aircraft operators or owners, including fines and potential grounding of the aircraft. The maximum penalties depend on the nature and severity of the breach but can be significant, reflecting the critical importance of adhering to airworthiness standards. Ensuring compliance with ADs is essential to maintain the safety of air navigation and the integrity of the Australian civil aviation system.