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 United States Federal Aviation Administration (FAA) issued AD 2002-12-15 affecting Pratt and Whitney PW4000 series engines. The United States is the State of Design for these engines. CASA has reviewed AD 2002-12-15 and found that it superseded FAA AD 2001-25-11 which was referred to in CASA AD/PW4000/10. As a result, AD/PW4000/10 is no longer required as AD/PW4000/12 Amdt 1 addresses the unsafe condition. The cancellation of AD/PW4000/10 will become effective on 11 January 2010.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia, addressing the need for regulatory frameworks governing the safety of air navigation and airworthiness of aircraft. Pursuant to this Act, the Civil Aviation Safety Regulations 1998 were established, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that mandate specific safety requirements for types of aircraft or aeronautical products. The objective of these regulations is to uphold the highest safety standards in line with international obligations under the Convention on International Civil Aviation, particularly those concerning the continuing airworthiness of aircraft. The authority to issue ADs is grounded in the legislative mandate provided by the Civil Aviation Act 1988, ensuring that CASA, as the national airworthiness authority, can effectively respond to safety concerns raised by the State of Design or other contracting states.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) within Australia, applying to all entities and individuals involved in the operation and maintenance of aircraft registered in Australia. These regulations are designed to ensure the ongoing safety of air navigation by mandating specific requirements for aircraft types, as established by the State of Design. The application of these regulations extends to all aircraft operating in Australia, regardless of their origin, ensuring that they meet the necessary safety standards. In accordance with the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of aircraft types, and Australia, as the State of Registry, is obligated to adopt and enforce these standards through the issuance of ADs. The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products, and these directives are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. While the ADs are made in accordance with the Civil Aviation Act 1988, they are also influenced by international obligations and standards set forth by ICAO.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001, which pertain to specific kinds of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make these regulations to enhance the safety of air navigation. According to subregulation 39.001(5), 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 State of Design, typically the manufacturer, holds responsibility for the continuing airworthiness of an aircraft type, with Annex 8 to the Convention on International Civil Aviation assigning this duty. The State of Registry, which is the country where the aircraft is registered, must ensure the continuing airworthiness of the aircraft, often by adopting or developing relevant requirements.
The obligations imposed by these regulations are significant for both the State of Design and the State of Registry. The State of Design must provide necessary information to ensure the aircraft's continuing airworthiness, which often comes in the form of ADs. CASA, as Australia's national airworthiness authority, is tasked with assessing this information and issuing corresponding Australian ADs when necessary. This ensures that the requirements set forth by the State of Design are implemented in Australia. The State of Registry, on the other hand, must develop or adopt requirements to maintain the airworthiness of aircraft registered within its jurisdiction. When CASA issues an Australian AD, it mandates that the specified aircraft comply with the safety requirements outlined in the directive.
Failure to comply with the provisions of an AD can lead to serious consequences. Although the specific offences and penalties are not detailed in this excerpt, the general framework under the Civil Aviation Act 1988 and associated regulations could impose fines or other penalties for non-compliance. The regulatory oversight by CASA ensures that airworthiness directives are enforced, and breaches can result in civil or criminal actions depending on the severity and intent behind the non-compliance. The detailed cancellation of AD/PW4000/10, effective from 11 January 2010, highlights the process of updating and managing airworthiness directives to align with international standards and obligations.