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/16 Amendment affecting Pratt and Whitney piston engines. CASA has assessed this AD and as a result has cancelled Australian AD/PW-P/16 Amendment 1. 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 provide a legal framework for ensuring the safety and efficiency of civil aviation in Australia. One significant aspect of this legislation is the authority it grants the Governor-General to make regulations for the safety of air navigation, which is further detailed in the Civil Aviation Safety Regulations 1998. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These directives are legislative instruments under the Legislative Instruments Act 2003 and are integral to maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. This convention places the responsibility of ensuring the continuing airworthiness of aircraft types on the State of Design and on the State of Registry for individual aircraft, with CASA acting as Australia’s national airworthiness authority.
Scope and Application
The Civil Aviation Safety Regulations 1998, as part of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that mandate compliance with airworthiness requirements for specific types of aircraft and aeronautical products. These directives are critical in ensuring the ongoing safety and airworthiness of aircraft registered in Australia. They apply to aircraft operators, manufacturers, and other entities involved in the design, maintenance, and operation of aircraft, thereby extending their reach to various industries within the aviation sector. Geographically, the regulations apply nationwide across Australia, aligning with both national and international civil aviation standards, particularly those set by the International Civil Aviation Organization (ICAO). The issuance of ADs is guided by Australia's commitments under the Convention on International Civil Aviation, which mandates that the State of Design must provide necessary information to ensure an aircraft's continuing airworthiness. While ADs are legislative instruments subject to disallowance, they are not typically subject to extensive public consultation or regulatory impact assessments, given their technical nature and direct implications for safety.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations for the Act, ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as formal instructions mandating compliance with airworthiness standards, and they are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to ensure compliance with airworthiness standards. The State of Registry, in turn, must develop or adopt appropriate requirements to maintain the airworthiness of individual aircraft. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, evaluates this information and, if necessary, issues an Australian AD to enforce the requirements of the State of Design.
The specific AD/PW-P/16 Amendment affecting Pratt and Whitney piston engines, originally issued by CASA, has been assessed and subsequently cancelled by CASA. This cancellation is effective as of 27 August 2009, and no replacement AD is needed as the unsafe condition no longer exists. This action aligns with Australia's obligations under the Convention on International Civil Aviation, and no public consultation was required for the cancellation. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
Under section 84A(2) of the Civil Aviation Act 1988, the AD was made by the Manager, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division of CASA. This legal framework and the processes outlined ensure that airworthiness directives are issued and managed in a manner consistent with international standards and national safety requirements.