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 2003-13-11 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/PW4000/19, which will become effective on 14 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 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 establish the framework for the regulation of civil aviation in Australia, including the safety standards and requirements for aircraft and aeronautical products. The Act empowers the Governor-General to make regulations, which include the issuing of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments, designed to ensure the continuing airworthiness of aircraft, in line with the obligations of Australia under the Convention on International Civil Aviation. The ADs are issued by the Civil Aviation Safety Authority (CASA) in response to safety issues identified by the State of Design or in accordance with international standards. For instance, the Federal Aviation Administration (FAA) has issued an AD affecting Pratt and Whitney PW4000 series engines, leading CASA to issue its own Australian AD to comply with international obligations and ensure safety. Given that these directives are based on international safety protocols and not specific to Australian public consultation, they do not require a Regulatory Impact Statement. The ADs are prepared by CASA's Manager, Continuing Airworthiness, in accordance with the Act's provisions.
Scope and Application
The Civil Aviation Act 1988, as amended and supported by the Civil Aviation Safety Regulations 1998, encompasses the legislative framework that governs the issuance of airworthiness directives (ADs) in Australia. This legislation applies to the Civil Aviation Safety Authority (CASA), which is Australia’s national airworthiness authority responsible for ensuring the safety of air navigation. The authority to issue ADs stems from section 98 of the Act, allowing CASA to mandate safety regulations for aircraft types or aeronautical products as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901. The ADs are issued to maintain the continuing airworthiness of aircraft as per international obligations under Annex 8 to the Convention on International Civil Aviation. This regulatory process ensures that Australia adheres to the responsibilities of the State of Registry and Design, thus maintaining international standards of aviation safety.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at enhancing the safety of air navigation. This legislative authority allows for the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are mandated for specific types of aircraft or aeronautical products, ensuring they meet the necessary safety standards. Furthermore, as per subregulation 39.001(5), ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are considered legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Entities governed by these provisions are obligated to comply with ADs issued by the Civil Aviation Safety Authority (CASA). This compliance includes adhering to the requirements set forth in the ADs, which may involve modifications, inspections, or repairs to maintain the airworthiness of aircraft. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure that the aircraft remains airworthy, and the State of Registry is tasked with developing or adopting the requisite requirements to maintain this airworthiness. CASA, as Australia's national airworthiness authority, must evaluate the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce these requirements.
Failure to comply with the ADs may result in serious consequences. The Act does not specify particular offences related to non-compliance with ADs, but it is reasonable to infer that such non-compliance could be treated as a breach of civil aviation regulations. The specific penalties for such breaches are not detailed in the provided text, but generally, violations of civil aviation regulations can lead to significant civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach and the jurisdiction's specific laws. The severity of penalties could vary widely, but they often include substantial financial penalties and, in severe cases, imprisonment for those responsible.