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 2006-16-05 affecting Pratt and Whitney PW4164, PW4168 and PW4168A series turbofan engines aircraft. The FAA is the State of Design for these engine types. CASA has assessed this AD and has issued Australian AD/PW4000/16, which will become effective on 13 September 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, enacted by the Australian Parliament, established a framework to ensure the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were created to provide detailed rules for maintaining the safety of aircraft and aeronautical products, including the issuance of airworthiness directives (ADs). These ADs are critical for ensuring the continuing airworthiness of aircraft and are issued by the Civil Aviation Safety Authority (CASA) in accordance with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The ADs are mandated by the State of Design and must be adopted by the State of Registry, which in Australia is CASA. The issuance of ADs such as AD/PW4000/16 by CASA follows the assessment of directives issued by the Federal Aviation Administration (FAA) for Pratt and Whitney PW4164, PW4168, and PW4168A series turbofan engines, aligning with Australia’s international obligations. The ADs are legislative instruments that do not require public consultation or a Regulatory Impact Statement, as they are issued in response to directives from the State of Design and are critical for maintaining aviation safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, as part of the Civil Aviation Act 1988, provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft within Australia. This legislation applies to entities and individuals involved in the operation and maintenance of aircraft registered in Australia, and to all aeronautical products. The ADs mandate specific safety measures and compliance requirements for particular types of aircraft or aeronautical products, ensuring that these align with international standards set forth by the Convention on International Civil Aviation. Geographic and jurisdictional reach is established under national legislation, as Australia's national airworthiness authority, CASA, is mandated to issue ADs in response to directives from the State of Design, which in this case is the Federal Aviation Administration (FAA) for Pratt and Whitney PW4164, PW4168, and PW4168A series turbofan engines. The application of these regulations is not subject to state or territory jurisdictions but is uniformly enforced across Australia. There are no stated exclusions or exemptions in the ADs, which means they apply universally to the specified aircraft and aeronautical products. The issuance of ADs extends through subordinate instruments, allowing CASA to adapt and enforce airworthiness requirements as necessary to comply with international obligations and maintain safety standards.
Key Provisions
The Civil Aviation Act 1988, and specifically regulation 39.001 of the Civil Aviation Safety Regulations 1998, grants the authority to issue airworthiness directives (ADs) to ensure the safety of air navigation (s 98; reg 39.001). An AD is a disallowable instrument, and thus a legislative instrument under the Legislative Instruments Act 2003 (reg 39.001(5); s 46A Acts Interpretation Act 1901; s 6 Legislative Instruments Act 2003). The State of Design, in this case the Federal Aviation Administration (FAA), has the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to ensure airworthiness (Annex 8, Convention on International Civil Aviation). The State of Registry, here the Civil Aviation Safety Authority (CASA), must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction (Annex 8, Convention on International Civil Aviation). When an AD is issued by the State of Design, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Under these provisions, CASA, acting on behalf of Australia, must issue an Australian AD when the FAA issues an AD affecting aircraft types on the Australian Register. This was the case with AD 2006-16-05 issued by the FAA concerning Pratt and Whitney PW4164, PW4168 and PW4168A series turbofan engines. CASA issued Australian AD/PW4000/16, which became effective on 13 September 2010. Given that this AD was issued due to Australia’s obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, no consultation with the Australian public was required (Office of Regulatory Review). Additionally, the Office of Regulatory Review determined that ADs do not necessitate a Regulatory Impact Statement.
The AD was 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. This establishes a clear chain of authority and responsibility for issuing ADs, ensuring that the requirements for airworthiness are properly assessed and implemented in line with international standards and obligations. The AD mandates specific actions to maintain the airworthiness of the affected aircraft types, ensuring compliance with safety regulations and international conventions.