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 FAA issued AD 2005-25-09 affecting Pratt and Whitney 4000 series engines. The United States is the State of Design for these engines. As a result CASA has amended the equivalent Australian AD to AD/PW4000/11 Amdt 1 which will become effective on 22 October 2009. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Future Technology and Regulatory Trends of 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 Commonwealth Parliament, provides the legal framework for the regulation of civil aviation in Australia, aiming to ensure the safety of air navigation. As part of its provisions, section 98 of the Act allows the Governor-General to make regulations that serve the interests of air navigation safety. Pursuant to this authority, the Civil Aviation Safety Regulations 1998 were established, under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments, as stipulated by the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft and are issued in accordance with international standards set by the International Civil Aviation Organization (ICAO). When an AD is issued by the State of Design, CASA, as Australia's national airworthiness authority, is required to assess the information and, if necessary, issue a corresponding Australian AD to enforce the requirements of the State of Design. This process ensures compliance with international obligations under the Convention on International Civil Aviation and maintains safety standards for aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to enact regulations to ensure the safety of air navigation, including the issuance of airworthiness directives (ADs). These directives apply to specific kinds of aircraft or aeronautical products and are legislative instruments as defined under the Legislative Instruments Act 2003. The ADs mandate continuing airworthiness requirements for aircraft registered in Australia, aligning with the responsibilities of the State of Registry and the State of Design as outlined in Annex 8 of the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) assesses and issues these directives to ensure compliance with international standards. For instance, in response to the United States Federal Aviation Administration's AD 2005-25-09 concerning Pratt and Whitney 4000 series engines, CASA issued an amended Australian AD, AD/PW4000/11 Amdt 1, effective from 22 October 2009. Given the international nature and regulatory obligations, no public consultation or Regulatory Impact Statement was required for this AD, which was issued by the Manager, Future Technology and Regulatory Trends of CASA, in accordance with the Act.
Key Provisions
The main operative sections of this legislation pertain to the issuance of airworthiness directives (ADs) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Section 98 of the Act allows the Governor-General to make regulations necessary for air navigation safety, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments under the Legislative Instruments Act 2003. These directives are crucial for ensuring the continuing airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Act and the Regulations primarily rest on CASA and the State of Registry. CASA, as Australia’s national airworthiness authority, is required to assess and, if necessary, issue Australian ADs when the State of Design issues corresponding directives. This is to ensure compliance with international safety standards and Australia's obligations under the Convention on International Civil Aviation. The State of Registry must develop or adopt requirements to maintain the continuing airworthiness of aircraft registered within its jurisdiction. This involves ensuring that all applicable ADs are implemented and adhered to, thereby maintaining the safety and airworthiness of the aircraft.
There are no specific offences, penalties, or consequences outlined for the breach of these regulations within the text provided. However, general compliance with ADs is critical, as non-compliance can lead to significant safety risks. In broader regulatory contexts, failure to adhere to ADs or other regulatory requirements can result in civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach and the applicable aviation laws. The exact penalties would be determined by the specific circumstances and the relevant aviation regulations.