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/17 affecting Pratt and Whitney piston engines. CASA has assessed this AD and as a result has cancelled Australian AD/PW-P/17. 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, enacted by the Australian Parliament, establishes a framework for ensuring the safety of civil aviation, including the regulation of airworthiness standards. Under this Act, the Civil Aviation Safety Regulations 1998 were introduced to provide detailed provisions for maintaining the safety of aircraft and aeronautical products. One significant regulatory tool under this framework is the issuance of airworthiness directives (ADs), which are legislative instruments that mandate specific safety measures for types of aircraft or aeronautical products, as per regulation 39.001 of the Civil Aviation Safety Regulations. The Civil Aviation Safety Authority (CASA) is responsible for assessing and issuing these ADs in accordance with Australia’s obligations under the Convention on International Civil Aviation. The cancellation of a particular AD, such as Australian AD/PW-P/17 affecting Pratt and Whitney piston engines, reflects CASA’s commitment to maintaining the highest safety standards, even when it involves revoking measures previously in place. This action is taken in line with the overarching policy objective of ensuring the continuing airworthiness of aircraft and compliance with international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 establish the framework within which airworthiness directives (ADs) are issued in Australia. Under the authority conferred by section 98 of the Civil Aviation Act 1988, and specifically through regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the power to issue ADs concerning particular types of aircraft or aeronautical products. These directives serve to ensure the continuing airworthiness of aircraft and are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are issued in line with Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry concerning the airworthiness of aircraft. CASA, as the national airworthiness authority, must evaluate ADs issued by States of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. In instances where an AD is deemed unnecessary due to the resolution of a previously identified unsafe condition, such as the case of AD/PW-P/17 concerning Pratt and Whitney piston engines, CASA can cancel the directive, as it did on 27 August 2009, without a replacement directive being required.
Key Provisions
The main operative sections of this legislation pertain to the issuance and cancellation of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (subsection 39.001(5)). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for air navigation safety, and regulation 39.001 empowers CASA to issue ADs for certain types of aircraft or aeronautical products. Importantly, an AD is a legislative instrument as per section 6 of the Legislative Instruments Act 2003 and is disallowable under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by this Act on the parties it governs include the State of Design's responsibility for ensuring the continuing airworthiness of an aircraft type, as stipulated under Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to the States of Registry, which are then responsible for developing or adopting requirements to ensure the continuing airworthiness of individual aircraft. In Australia, CASA, as the national airworthiness authority, must assess any AD issued by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements.
Offences and penalties related to the breach of these regulations are not explicitly detailed in the provided text, but it is reasonable to infer that non-compliance with ADs could lead to significant safety risks, potentially resulting in severe civil or criminal consequences. Given the critical nature of airworthiness directives in maintaining the safety of air navigation, any failure to adhere to these directives could result in severe penalties, including fines and imprisonment. The exact penalties would depend on the specific breach and its impact on aviation safety, but the overarching principle is that compliance with airworthiness directives is mandatory to ensure the safety of air navigation.