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-2007-24R1 affecting Pratt and Whitney Canada PW200 series engines. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/PW200/2, which will become effective on 10 April 2008.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to address the need for comprehensive regulation of civil aviation within Australia, ensuring safety and efficiency in air navigation. Under this Act, the Governor-General is empowered to make regulations, including the issuance of airworthiness directives, for the enhancement of air safety. The Civil Aviation Safety Regulations 1998 further elaborate on these powers, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are legislative instruments that aim to ensure the continuing airworthiness of aircraft, in line with international standards set by the Convention on International Civil Aviation. This legislative framework enables CASA to respond to directives issued by the State of Design, ensuring that Australian aircraft meet the necessary safety standards. The Civil Aviation Act 1988, therefore, plays a crucial role in maintaining the high safety standards required in civil aviation, both domestically and internationally.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the framework for issuing airworthiness directives (ADs) under regulation 39.001, which aims to ensure the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs concerning specific types of aircraft or aeronautical products. An AD is a legislative instrument, disallowable under section 46A of the Acts Interpretation Act 1901, and subject to the Legislative Instruments Act 2003. ADs are mandated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility of ensuring continuing airworthiness on the State of Design, with the State of Registry required to enforce these directives for individual aircraft. In the case of Pratt and Whitney Canada PW200 series engines, Transport Canada's AD CF-2007-24R1 led to CASA issuing Australian AD/PW200/2, reflecting Australia's commitment to international civil aviation standards and obligations. This AD was issued without public consultation and does not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Act, the Governor-General has the authority to make regulations, including those for airworthiness, which are in the interests of safety. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these ADs on the parties and entities they govern are primarily aimed at maintaining the airworthiness of aircraft. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide any necessary information to ensure that the aircraft can continue to meet airworthiness standards. The State of Registry, on the other hand, is responsible for the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. For example, Transport Canada has issued AD CF-2007-24R1 concerning Pratt and Whitney Canada PW200 series engines, and CASA has responded with Australian AD/PW200/2, effective from 10 April 2008.
Breaching the requirements set forth in an AD can have significant legal consequences. Under the Civil Aviation Act 1988, it is an offence to contravene an AD. This can result in both civil and criminal penalties, depending on the nature and severity of the breach. Civil penalties may include fines, while criminal penalties can result in imprisonment, reflecting the serious nature of non-compliance with airworthiness directives. The exact penalties are determined by the court and can vary, but they are intended to ensure strict adherence to the safety standards set by the ADs.