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 2002-09-01 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/PW4000/20, which will become effective on 17 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 regulate civil aviation and ensure the safety of air navigation, among other objectives. One of the mechanisms provided under this Act is the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. This responsibility is delegated to the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. As per the Legislative Instruments Act 2003, ADs are considered legislative instruments. The Civil Aviation Act 1988 empowers the Governor-General to make regulations that align with the Act's safety objectives, and the 1998 Regulations further detail the process for issuing ADs. In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry, including Australia. CASA, as Australia's national airworthiness authority, must review and, if necessary, issue corresponding ADs to enforce the requirements set by the State of Design. This legislative framework ensures that Australia meets its international obligations and maintains high safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products, ensuring compliance with international standards and obligations. These ADs, which are legislative instruments, are issued in response to international requirements and are aimed at maintaining the continuing airworthiness of aircraft. Specifically, the ADs are issued in alignment with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design holds the primary responsibility for ensuring the airworthiness of aircraft types, while the State of Registry enforces these standards domestically. CASA, acting as Australia’s national airworthiness authority, evaluates and, if necessary, issues Australian ADs to reflect the requirements set by the State of Design. This process ensures that Australian aircraft meet international safety standards, as exemplified by the issuance of Australian AD/PW4000/20 in response to FAA AD 2002-09-01 concerning Pratt and Whitney PW4000 series engines.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as the primary means of ensuring the continuing airworthiness of aircraft and are issued by most International Civil Aviation Organization (ICAO) Contracting States. Subregulation 39.001(5) specifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and thus qualifies as a legislative instrument as per the Legislative Instruments Act 2003.
These airworthiness directives are essential for maintaining the safety of aircraft in operation. The State of Design, which is responsible for the design of the aircraft or product, must provide necessary information to ensure the continuing airworthiness of the aircraft type. The State of Registry, which registers the individual aircraft, must then develop or adopt requirements to ensure that the aircraft remains airworthy. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must evaluate the directive and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. This ensures that Australian-registered aircraft meet international safety standards.
CASA has recently issued Australian AD/PW4000/20, which mandates requirements for Pratt and Whitney PW4000 series engines. This follows an AD issued by the Federal Aviation Administration (FAA), which is the State of Design for these engines. The Australian AD will become effective on 17 October 2010. Given that this directive is issued under Australia’s obligations to the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation was required. Furthermore, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement.
Under section 94(1) of the Civil Aviation Act 1988, the AD was issued by the Manager, Continuing Airworthiness, within CASA’s Airworthiness and Engineering Branch. This process ensures that any necessary safety measures are implemented promptly and effectively to maintain the highest safety standards in Australian aviation. The regulations and requirements established through ADs are crucial for ensuring the safety of aircraft and the protection of passengers and crew.