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 2001-20-02 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/PW4000/21, which will become effective on 21 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 provide a legal framework for the regulation of civil aviation within Australia, ensuring safety and efficiency in air navigation. One of the significant mechanisms under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). As outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA can issue these directives for specific types of aircraft or aeronautical products to mandate necessary safety measures. The policy objective of these directives is to maintain and enhance the continuing airworthiness of aircraft, in line with Australia's obligations under the Convention on International Civil Aviation and to ensure compliance with international safety standards. The ADs are legislative instruments that are assessed and issued by CASA, reflecting Australia's commitment to global aviation safety protocols.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, facilitates the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for specific types of aircraft or aeronautical products. The ADs are mandated to ensure the safety of air navigation and align with Australia's obligations under the Convention on International Civil Aviation, particularly those concerning the continuing airworthiness of aircraft types. The State of Design, which in this case is the Federal Aviation Administration (FAA) for Pratt and Whitney PW4000 series engines, has the responsibility to issue ADs for aircraft types, and CASA, as Australia's national airworthiness authority, must assess these directives and, if deemed appropriate, issue corresponding Australian ADs. The issuance of such directives does not require consultation with the Australian public and does not necessitate a Regulatory Impact Statement. The ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are issued by authorised personnel within CASA as per the statutory requirements outlined in the Act.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, as applied to the issue of airworthiness directives (ADs), are primarily found in section 98 of the Civil Aviation Act and regulation 39.001 of the Civil Aviation Safety Regulations. Section 98 allows the Governor-General to make regulations for the Act, which includes issuing ADs for types of aircraft or aeronautical products to ensure safety in air navigation. Regulation 39.001(5) stipulates that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and thus constitute a legislative instrument as defined in the Legislative Instruments Act 2003.
These regulations impose specific obligations on Civil Aviation Safety Authority (CASA) and other entities involved in the continuing airworthiness of aircraft. CASA, as Australia’s national airworthiness authority, must assess information provided by the State of Design when an AD is issued abroad and determine if an Australian AD is necessary. The State of Design, in this case, the Federal Aviation Administration (FAA) for Pratt and Whitney PW4000 series engines, has the responsibility to provide information and directives to ensure the continuing airworthiness of the aircraft type. The State of Registry, which in this context is Australia, must adopt or develop requirements to maintain the airworthiness of aircraft registered within its jurisdiction.
Failure to comply with ADs can result in significant consequences. Under the Civil Aviation Act, non-compliance with an AD can lead to civil penalties. The maximum penalty for an individual is typically set out in the relevant regulations, often aligning with the severity of the breach and potential risk posed. Additionally, repeated or severe non-compliance can result in criminal charges, leading to fines and imprisonment. CASA has the authority to enforce these regulations and may take legal action against entities or individuals who fail to comply with ADs. The stringent nature of these requirements underscores the importance of adhering to ADs to maintain the safety and airworthiness of aircraft.