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 has issued AD 97-11-06 affecting Pratt and Whitney PW4000 series engines. The United States is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/PW4000/13, which will become effective on 24 September 2009.
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, in 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 was enacted to regulate the safety of air navigation in Australia. The 1988 Act provides the legal framework for the regulation of civil aviation safety, with the Governor-General having the authority to make regulations for this purpose under section 98. Complementing the Civil Aviation Act 1988 are the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products through regulation 39.001. This regulatory process ensures that aircraft maintain their airworthiness, aligning with international standards set by the International Civil Aviation Organization (ICAO). The ADs, being legislative instruments, are subject to disallowance under the Acts Interpretation Act 1901. The issuance of ADs is guided by the overarching responsibility of the State of Design for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. Consequently, CASA, as Australia’s national airworthiness authority, is mandated to assess and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, in accordance with section 98 of the Civil Aviation Act 1988. These directives serve as legislative instruments, as per section 6 of the Legislative Instruments Act 2003, and are necessary to ensure the continuing airworthiness of aircraft in line with international obligations under Annex 8 to the Convention on International Civil Aviation. The State of Design, such as the United States for Pratt and Whitney PW4000 series engines, has the primary responsibility for issuing ADs, which CASA must then assess and, if appropriate, adopt as Australian ADs. For instance, CASA issued AD/PW4000/13 in response to the United States FAA's AD 97-11-06. Given the international nature and specific technical requirements of these directives, they are not subject to public consultation or a Regulatory Impact Statement. Instead, they are issued by CASA under the authority of the Civil Aviation Act 1988, reflecting the need for consistent and uniform application of safety standards across the aviation industry.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation, with particular emphasis on the continuing airworthiness of aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations that serve the interests of safety in air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This regulatory provision is integral to maintaining safety standards and ensuring that aircraft remain airworthy throughout their operational life. An AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, as such, is considered a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are pivotal in upholding the airworthiness of aircraft, with both the State of Design and the State of Registry bearing responsibilities. The State of Design, as defined by Annex 8 to the Convention on International Civil Aviation, has the overarching responsibility for the continuing airworthiness of an aircraft type and must furnish any necessary information to the appropriate States of Registry. The State of Registry, in turn, is tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, is required to evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design.
Failure to comply with airworthiness directives can have serious legal and safety implications. The issuance of an AD mandates compliance with specific safety measures and standards, and non-compliance can lead to severe consequences. In the context of the Pratt and Whitney PW4000 series engines, the United States Federal Aviation Administration (FAA) issued AD 97-11-06, which CASA has assessed and translated into Australian AD/PW4000/13. This directive, effective from 24 September 2009, underscores the importance of adhering to airworthiness requirements set by the relevant national authority. Breaching these directives can result in civil or criminal penalties, reflecting the gravity of ensuring air safety. The specific penalties for non-compliance are determined by the severity of the breach and the associated risks to public safety, but they can include fines and imprisonment, as outlined in relevant aviation safety legislation.