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 issued AD CF-2007-25R1 affecting Pratt and Whitney Canada PW300 series engines. Canada is the State of Design for this engine series.
CF-2007-25 contained a typographical error which was duplicated in AD/PW300/1. As a result of CF-2007-25R1 being issued CASA has amended the equivalent Australian AD to AD/PW300/1 Amendment 1 which will become effective on 10 April 2008. This AD cancels and replaces the previous issue.
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 establish a comprehensive regulatory framework for the safety, efficiency, and orderly development of civil aviation in Australia. The Act empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. The ADs serve as a legislative instrument under the Legislative Instruments Act 2003, mandating CASA to assess international ADs and, when necessary, issue corresponding Australian directives to uphold the continuing airworthiness of aircraft registered in Australia. This legislative framework is crucial in fulfilling Australia’s obligations under the Convention on International Civil Aviation, particularly with respect to the continuing airworthiness of aircraft designed and registered in other states. The ADs are issued to ensure that aircraft remain airworthy in accordance with international standards, thereby maintaining the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988, alongside the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, which are legislative instruments subject to disallowance. This legislative framework applies to all aircraft and aeronautical products within Australia, ensuring that the State of Registry, in this case CASA, maintains the continuing airworthiness of such items as per international obligations under the Convention on International Civil Aviation. The Act and Regulations extend to all aircraft registered in Australia and require CASA to issue corresponding ADs when the State of Design, such as Transport Canada for the Pratt and Whitney Canada PW300 series engines, issues an AD. The issuance of ADs is typically in response to safety concerns identified by the State of Design and does not involve public consultation or require a Regulatory Impact Statement as it is driven by international safety standards. This process underscores the importance of international cooperation in maintaining global aviation safety standards.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are crucial in ensuring the safety and airworthiness of aircraft, as they mandate corrective actions or modifications that need to be carried out on specific aircraft types or components. Regulation 39.001(5) stipulates that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these ADs are stringent and clear-cut. For instance, the State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure the aircraft's safety, in line with Annex 8 of the Convention on International Civil Aviation. The State of Registry, on the other hand, must develop or adopt requirements to maintain the airworthiness of individual aircraft registered within its territory. CASA, as Australia’s national airworthiness authority, has the duty to assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the required safety measures. This ensures that Australian-registered aircraft meet the same safety standards as those mandated by the State of Design.
Non-compliance with an airworthiness directive can lead to serious consequences. Under the Civil Aviation Act 1988, failure to adhere to the requirements set forth in an AD can result in both civil and criminal penalties. The exact penalties can vary depending on the severity of the breach but can include fines and imprisonment. For example, under section 97 of the Act, an individual found guilty of contravening an AD could face a fine of up to $11,000 or imprisonment for up to six months, or both. Additionally, operators who fail to comply with an AD may face suspension or revocation of their aircraft's certificate of airworthiness, which can severely impact their ability to operate legally.
Given the critical nature of airworthiness directives, CASA ensures that these regulations are applied consistently and fairly. In the case of the Pratt and Whitney Canada PW300 series engines, an error in the original AD issued by Transport Canada was corrected with the issuance of AD CF-2007-25R1. CASA promptly amended the Australian equivalent AD to AD/PW300/1 Amendment 1, which replaced the previous directive and became effective on 10 April 2008. This amendment underscores the importance of timely and accurate information dissemination to maintain airworthiness standards. While no public consultation was required for this AD due to Australia’s obligations under the Convention on International Civil Aviation, the Office of Best Practice Regulation has determined that such directives do not necessitate a Regulatory Impact Statement. The Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch issued this AD on behalf of CASA, in accordance with subsection 84A(2) of the Act, ensuring that the necessary safety measures are implemented without delay.