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.
The Civil Aviation Safety Authority or its predecessors issued AD/PW-P/13 affecting Pratt and Whitney piston engines. CASA has assessed this AD and as a result has cancelled Australian AD/PW-P/13. The cancellation will become effective on
27 August 2009. No replacement AD is required, as the unsafe condition no longer exists.
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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation and ensure safety in air navigation, with the Civil Aviation Safety Regulations 1998 providing further detail. This legislation empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001, which are legislative instruments that mandate compliance with safety standards for aircraft and aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation, which places the responsibility on the State of Design and the State of Registry. Given Australia's obligations under the Convention, CASA must assess and implement ADs issued by other countries, ensuring they align with Australian safety standards. The recent cancellation of AD/PW-P/13, which pertained to Pratt and Whitney piston engines, reflects CASA's commitment to safety and adherence to international obligations, without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These directives are integral to ensuring the continuing airworthiness of aircraft registered in Australia and are formulated in accordance with international standards, particularly Annex 8 to the Convention on International Civil Aviation. The scope of these regulations applies to all aircraft and aeronautical products registered in Australia, imposing responsibilities on both the State of Design and the State of Registry to maintain airworthiness. CASA, as Australia's national airworthiness authority, is tasked with assessing international ADs and issuing corresponding Australian ADs when necessary to enforce the safety standards set by the State of Design. This legislation, while broad in its application, is subject to exclusions and exemptions as outlined within the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Notably, the process of issuing and cancelling ADs, such as the recent cancellation of AD/PW-P/13, adheres to stringent international obligations and internal CASA procedures, reflecting the critical nature of air safety regulations.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to create regulations to enhance the safety of air navigation. Under this provision, the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (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, and therefore qualifies as a legislative instrument under section 6 of the Legislative Instruments Act 2003. These directives are crucial for maintaining the continuing airworthiness of aircraft types, as outlined in Annex 8 to 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 ensure its safe operation. The State of Registry, on the other hand, is responsible for the individual aircraft’s continuing airworthiness. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. For instance, CASA issued AD/PW-P/13 concerning Pratt and Whitney piston engines but has since cancelled it due to the resolution of the unsafe condition, effective from 27 August 2009.
Entities governed by these regulations face several obligations. They must ensure compliance with ADs issued by CASA, which may include mandatory inspections, repairs, or modifications to maintain the airworthiness of the aircraft. The State of Design and State of Registry have the responsibility to provide necessary information and ensure that ADs are appropriately assessed and implemented. CASA, as the national airworthiness authority, must conduct thorough evaluations of ADs issued by foreign entities and decide whether to issue corresponding Australian ADs.
Failure to comply with the requirements set forth in ADs can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines. The specific penalties for breaches of airworthiness directives are determined on a case-by-case basis, but the severity often correlates with the level of risk posed by the non-compliance. In more serious cases, criminal charges may also be applicable, potentially leading to imprisonment. Ensuring adherence to ADs is therefore critical for maintaining the safety and airworthiness of aircraft operating in Australia.