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-2005-29 affecting Pratt and Whitney Canada PW100 series engines. Canada is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/PW100/12, which will become effective on 27 October 2005.
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, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia and to promote safe and efficient air navigation. The Act allows the Governor-General to make regulations to ensure the safety of air navigation, as seen in section 98. Pursuant to this authority, the Civil Aviation Safety Regulations 1998 were established, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001. These directives are legislative instruments that must comply with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The objective of these regulations is to maintain the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). This ensures that Australian aviation authorities act in compliance with global civil aviation standards, addressing the problem of ensuring uniform safety and airworthiness standards across international borders. The ADs are issued in response to obligations under the Convention on International Civil Aviation and the specific requirements of the aircraft's State of Design, with CASA fulfilling its role as Australia's national airworthiness authority.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). Under these regulations, CASA has the authority to issue ADs for specific types of aircraft or aeronautical products to ensure their continuing airworthiness. These directives are legislative instruments that must align with international standards set by the Convention on International Civil Aviation. The State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide necessary information to ensure the aircraft's continued airworthiness, which is then assessed and, if necessary, mandated by CASA through an Australian AD. This process ensures that aircraft registered in Australia comply with both national and international safety standards. Exemptions or exclusions from these directives are not specified in the provided text, but such details would typically be addressed in the ADs themselves or in related regulatory documents.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, with section 98 specifically empowering the creation of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are regulatory instruments that apply to specific types of aircraft or aeronautical products, as stipulated in subregulation 39.001(5), and they must comply with the requirements set out in the Legislative Instruments Act 2003. The ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, aligning with the principles set forth in Annex 8 to the Convention on International Civil Aviation, where the State of Design is tasked with ensuring that aircraft types meet safety standards.
Under the Act, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. When the State of Design issues an AD, the relevant national authority, such as CASA in Australia, must review the directive and, if deemed necessary, issue a corresponding AD for application within its jurisdiction. This ensures that all aircraft of the specified type registered within the State of Registry meet the necessary safety standards.
In the case of the Pratt and Whitney Canada PW100 series engines, Transport Canada, as the State of Design, issued AD CF-2005-29. CASA, as Australia’s national airworthiness authority, assessed this directive and subsequently issued Australian AD/PW100/12, effective from 27 October 2005. This action is mandated by Australia’s obligations under the Convention on International Civil Aviation, ensuring that Australian-registered aircraft with these engines meet international safety standards.
The issuance of ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. This particular AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office at CASA, in accordance with subsection 84A(2) of the Act. Failure to comply with these ADs may result in legal consequences, including civil penalties for non-compliance, and potential criminal charges if the non-compliance leads to safety incidents. The maximum penalties for such breaches can be substantial, reflecting the importance of adhering to airworthiness directives to maintain aviation safety standards.