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, the Civil Aviation Safety Authority (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.
CASA has reviewed the ADs issued for the Pratt & Whitney PW4000 engines by the Federal Aviation Administration in the United States of America. The FAA is the state of design of the Pratt & Whitney PW4000 engine. CASA has identified seven FAA ADs issued between 1990 and 2009 that were not mandated in Australia but which may become applicable to aircraft on the Australian register. CASA has decided to list these seven ADs in a new AD called AD/PW4000/18 State of Design Airworthiness Directives. AD/PW4000/18 will become effective on 15 October 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 a number of ADs raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Best Practice Regulation 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 establish a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation and the continuing airworthiness of aircraft. Under this Act, the Governor-General is empowered to make regulations necessary for the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of this Act, further detail the procedures and requirements for maintaining the safety of aircraft and aeronautical products. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments that mandate compliance with airworthiness requirements. These directives are critical in maintaining the safety standards in line with international obligations under the Convention on International Civil Aviation. CASA has the responsibility to assess and, where necessary, mandate foreign ADs to ensure the safety of aircraft registered in Australia. In the case of the Pratt & Whitney PW4000 engines, CASA has identified several relevant ADs that will be mandated through a new AD/PW4000/18, effective from 15 October 2010.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, provide the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation in Australia. These ADs apply to specific kinds of aircraft or aeronautical products, and are legislative instruments that are subject to disallowance under the Acts Interpretation Act 1901. The ADs are designed to ensure the continuing airworthiness of aircraft in line with international standards set out in Annex 8 to the Convention on International Civil Aviation. In particular, the ADs mandate actions that are required to maintain the safety of aircraft designed by specific States of Design, with CASA acting on behalf of the State of Registry to issue applicable ADs for aircraft on the Australian Register. The issuance of ADs such as AD/PW4000/18, which mandates previously unmandated FAA airworthiness directives for Pratt & Whitney PW4000 engines, is conducted without public consultation as it falls under Australia's international obligations and is directly in response to actions taken by the relevant State of Design. The ADs are made by CASA in accordance with the Civil Aviation Act 1988 and related regulations.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations for the Act, specifically in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, it qualifies as a legislative instrument in line with section 6 of the Legislative Instruments Act 2003.
Under the obligations of the Act and Regulations, the State of Design is primarily responsible for the continuing airworthiness of an aircraft type and must provide necessary information to ensure the ongoing airworthiness of that type to the appropriate States of Registry. The State of Registry, on the other hand, 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 must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian aircraft comply with international safety standards.
Non-compliance with ADs can result in serious consequences. Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, failure to comply with an AD can lead to a range of civil and criminal penalties. Civil penalties can include fines, while criminal penalties can include imprisonment. The specific penalties depend on the severity of the breach and the discretion of the court. CASA is tasked with enforcing these regulations to ensure the safety and compliance of aircraft operating in Australian airspace.
The Civil Aviation Safety Regulations 1998 also outline the process for issuing ADs. For example, CASA has reviewed the ADs issued for the Pratt & Whitney PW4000 engines by the Federal Aviation Administration (FAA) in the United States. The FAA, as the State of Design, has issued several ADs between 1990 and 2009 that were not previously mandated in Australia but could apply to aircraft on the Australian register. CASA has decided to list these ADs in a new AD called AD/PW4000/18 State of Design Airworthiness Directives, which will take effect on 15 October 2010. Given that this AD arises from Australia's obligations under the Convention on International Civil Aviation and is a response to ADs issued by the relevant State of Design, no public consultation has taken place. The Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement.