Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/PZL/7 — Limitations – Change of Aircraft Flight Manual Supplement
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. Under subsections 98 (5B) and (5BA) of the Act, an AD is a legislative instrument unless it is expressed to apply in relation to a particular person, a particular aircraft or a particular aeronautical product. Therefore, this 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 International Civil Aviation Organization 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 foreign State of Design issued an AD before 1 October 2009 for 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 foreign State of Design.
The European Aviation Safety Agency (EASA) issued AD 2006-0229-E (Corrected) affecting PZL M18 Dromader series aeroplanes in 2006. EASA is the State of Design for this aircraft type. As a result, CASA is issuing AD/PZL/7 to mandate the requirements of EASA AD 2006-0229-E (Corrected). AD/PZL will become effective on 20 August 2014.
Consultation
As this AD is being made in accordance with CASA’s obligations under Annex 8 to the Convention on International Civil Aviation, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments Act 2003.
Regulation Impact Statement
A Regulation Impact Statement (RIS) is not required because ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation under which a RIS is not required for ADs.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998 and subsection 94 (1) of the Act.
The instrument commences on 13 November 2014.
[Instrument number AD/PZL/7]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/PZL/7 – Limitations – Change of Aircraft Flight Manual Supplement
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The European Aviation Safety Agency (EASA) issued AD 2006-0229-E (Corrected) affecting PZL M18 Dromader series aeroplanes in 2006. EASA is the State of Design for this aircraft type. CASA has issued AD/PZL/7 to mandate the requirements of EASA AD 2006-0229-E (Corrected).
The primary purpose of this legislative instrument is to mandate the requirements of EASA AD 2006-0229-E (Corrected) in Australia.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority
Overview
The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation in Australia, providing a regulatory framework that aligns with international standards. This piece of legislation addresses the need for maintaining the continuing airworthiness of aircraft through the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. The problem or gap it aimed to address was ensuring that all aircraft registered in Australia meet international safety standards, particularly in relation to directives issued by the State of Design, such as the European Aviation Safety Agency (EASA) for certain aircraft types. The authority to create such regulations stems from section 98 of the Civil Aviation Act 1988, empowering the Governor-General to make regulations in the interest of safety. This legislative instrument is a response to the obligations under Annex 8 to the Convention on International Civil Aviation, which places responsibility on the State of Design to provide necessary information for continuing airworthiness and on the State of Registry to implement these requirements. AD/PZL/7, issued by CASA, mandates the requirements of EASA AD 2006-0229-E (Corrected) for PZL M18 Dromader series aeroplanes, ensuring that these aircraft continue to meet safety standards in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically the Airworthiness Directive AD/PZL/7, applies to the PZL M18 Dromader series aeroplanes registered in Australia, ensuring compliance with the requirements set forth by the European Aviation Safety Agency (EASA) through AD 2006-0229-E (Corrected). This legislative instrument, issued by the Civil Aviation Safety Authority (CASA), is designed to mandate the continuing airworthiness of these aircraft types within Australia, thereby fulfilling Australia's obligations under Annex 8 of the Convention on International Civil Aviation. The AD/PZL/7 applies nationally and is a legislative instrument under the Civil Aviation Act 1988. It mandates that the State of Registry, in this case CASA, must ensure that the aircraft meet the continuing airworthiness requirements as specified by EASA, the State of Design. This directive extends to all PZL M18 Dromader series aeroplanes registered in Australia, irrespective of their location within the country. No exclusions, exemptions, or thresholds are explicitly stated in the text, suggesting that the AD applies universally to all specified aircraft. Furthermore, the AD is complemented by subordinate instruments as necessary to ensure compliance and safety in air navigation.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998), under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue an airworthiness directive (AD) for a particular kind of aircraft or aeronautical product. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the Act, and this AD is considered a legislative instrument unless it applies to a specific person, aircraft, or aeronautical product. In this case, AD/PZL/7 is being issued to mandate the requirements of EASA AD 2006-0229-E (Corrected), which affects PZL M18 Dromader series aeroplanes.
Under the Civil Aviation Safety Regulations 1998, CASA has the obligation to assess information provided by the State of Design and, if necessary, issue an Australian AD to ensure the continuing airworthiness of aircraft on the Australian Register. This AD, AD/PZL/7, becomes effective on 20 August 2014, and CASA, as Australia's national airworthiness authority, is responsible for ensuring compliance with these requirements. The State of Registry of an individual aircraft must also develop or adopt requirements to ensure the continuing airworthiness of aircraft, in accordance with Annex 8 of the Convention on International Civil Aviation.
The AD imposes several obligations on the parties or entities it governs. Aircraft operators and owners must comply with the requirements of AD/PZL/7, which includes making necessary changes to the Aircraft Flight Manual Supplement to reflect the changes mandated by EASA AD 2006-0229-E (Corrected). CASA is responsible for monitoring compliance and may conduct inspections or audits to ensure adherence to the AD. Failure to comply with the AD may result in the aircraft being grounded or denied airworthiness certification, which can have significant consequences for the operator and passengers.
Breaches of the AD/PZL/7 may result in various consequences, including civil penalties. Under section 34.003 of the Civil Aviation Safety Regulations 1998, a person who contravenes an AD may be liable to a civil penalty of up to 50 penalty units, which currently amounts to AUD 5,500. Additionally, CASA may take enforcement action against non-compliant aircraft operators, such as issuing a Notice of Unauthorized Operation (NOUO) or pursuing legal action to enforce compliance. In extreme cases, CASA may also recommend revocation of the aircraft's airworthiness certificate, effectively grounding the aircraft until the required changes have been made.