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 FAA has issued AD 2003-09-02 affecting Pratt and Whitney PW4000 series engines. The FAA is the State of Design for these engine types. CASA has assessed this AD and has issued Australian AD/PW4000/15, which will become effective on 14 August 2010.
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, 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. It empowers the Governor-General to make regulations necessary for air navigation safety. Under this Act, the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, has the responsibility to assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards. The ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are not subject to public consultation or a Regulatory Impact Statement. The AD/PW4000/15, issued by CASA in response to the Federal Aviation Administration's AD 2003-09-02, exemplifies this process.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and they serve to maintain the continuing airworthiness of aircraft registered in Australia. The State of Design, such as the Federal Aviation Administration (FAA) for Pratt and Whitney PW4000 series engines, issues these directives to ensure compliance with international standards set by the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is responsible for assessing these directives and, if necessary, issuing corresponding Australian ADs to mandate the requirements set by the State of Design. This process ensures that Australian-registered aircraft meet international safety standards, and no public consultation is required as these directives are issued in response to international obligations and directives from the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Section 39.001(5) of these Regulations clarifies that an AD is a disallowable instrument, thereby classifying it as a legislative instrument under the Legislative Instruments Act 2003.
The obligations under these provisions require CASA to respond to ADs issued by the State of Design, which is the country where the aircraft or aeronautical product was designed. This includes assessing the necessity and appropriateness of issuing an Australian AD to ensure the continuing airworthiness of the aircraft. This is in line with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type. The State of Registry, which is the country where the aircraft is registered, must also develop or adopt requirements to ensure the continuing airworthiness of the aircraft in question.
In the case of the Pratt and Whitney PW4000 series engines, the Federal Aviation Administration (FAA) has issued AD 2003-09-02, making it the State of Design for these engines. CASA has reviewed this AD and subsequently issued Australian AD/PW4000/15, which will take effect on 14 August 2010. Given the international obligations under the Convention on International Civil Aviation and the requirement to respond to ADs from the State of Design, no public consultation was conducted for this AD. Moreover, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement.
Non-compliance with the provisions and requirements of these airworthiness directives can lead to serious safety concerns and potential legal consequences. While the specific civil or criminal penalties are not detailed in the provided text, it is reasonable to infer that breaches could result in enforcement actions by CASA, including fines, suspension or revocation of airworthiness certificates, and other regulatory sanctions. The exact nature and severity of these penalties would depend on the specific circumstances and the discretion of CASA in enforcing the regulations.