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 2003-26-09 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/PW4000/17, which will become effective on 20 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, establishes a framework for civil aviation, focusing on the safety and regulation of air navigation. This Act provides the authority for the creation of regulations, such as the Civil Aviation Safety Regulations 1998, which govern various aspects of aviation safety, including the issuance of airworthiness directives (ADs). These directives are legislative instruments made under regulation 39.001 of the Civil Aviation Safety Regulations 1998 and are designed to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with Australia's obligations under the Convention on International Civil Aviation. The ADs are issued by the Civil Aviation Safety Authority (CASA) when a State of Design, such as the Federal Aviation Administration (FAA) for certain aircraft types, issues an AD that impacts aircraft registered in Australia. The policy objective is to maintain and enhance aviation safety by mandating necessary modifications or inspections in response to identified safety issues. The legislative process ensures that ADs are compliant with international standards and effectively implemented to protect public safety.
Scope and Application
The Civil Aviation Act 1988, through the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This authority is exercised to ensure the safety of air navigation, as mandated under section 98 of the Act and regulation 39.001 of the Regulations. Such directives are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and must comply with the Legislative Instruments Act 2003. These ADs are crucial for maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design has primary responsibility for the airworthiness of an aircraft type. In Australia, CASA, as the national airworthiness authority, has the responsibility to issue Australian ADs when necessary, particularly in response to ADs issued by other States of Design such as the FAA. This process ensures that the requirements of international aviation standards are adhered to, and there is no public consultation required for such directives as they are based on international obligations.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as per subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. ADs serve as a primary means of ensuring the continuing airworthiness of aircraft types, as stipulated in Annex 8 to the Convention on International Civil Aviation, where the State of Design has the overarching responsibility for maintaining airworthiness and must provide necessary information to relevant States of Registry.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require the State of Design to provide essential information regarding any identified issues that could affect the airworthiness of an aircraft type. The State of Registry, which is the country where the aircraft is registered, has the duty to ensure the ongoing airworthiness of the aircraft by developing or adopting appropriate requirements. CASA, as Australia's national airworthiness authority, must evaluate the information provided by the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. For instance, in the case of the Pratt and Whitney PW4000 series engines, the Federal Aviation Administration (FAA) issued AD 2003-26-09, and CASA subsequently issued Australian AD/PW4000/17, which became effective on 20 September 2010.
The Civil Aviation Safety Regulations 1998 do not require public consultation for ADs issued in response to obligations under the Convention on International Civil Aviation or those issued following an AD from the relevant State of Design. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The ADs are issued by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch on behalf of CASA, in accordance with subsection 94(1) of the Act.
Breaches of the ADs could lead to severe consequences, including potential grounding of affected aircraft until the necessary compliance measures are implemented. Failure to comply with an AD may result in civil penalties, including fines, as well as criminal penalties, which can vary depending on the severity of the breach. The maximum penalties for civil and criminal offences under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can be significant, reflecting the critical importance of ensuring airworthiness and safety in the aviation industry.