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.
CASA issued AD/P166/35, affecting Piaggio P166 model aircraft in 1972. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the safety of air navigation, which includes the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998, under regulation 39.001, provide CASA with the authority to issue these directives for specific types of aircraft or aeronautical products. These directives are legislative instruments that are subject to disallowance under the Acts Interpretation Act 1901. The objective of these regulations is to maintain the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). CASA has the responsibility to assess and implement airworthiness directives issued by the State of Design, ensuring compliance with safety standards and reducing the regulatory burden where possible.
Scope and Application
The Civil Aviation Act 1988, as supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to specific kinds of aircraft or aeronautical products. This application is underpinned by section 98 of the Civil Aviation Act and regulation 39.001 of the Civil Aviation Safety Regulations, ensuring the safety of air navigation across Australia. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are in compliance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design bears responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. In Australia, the State of Registry, represented by CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft and must act on ADs issued by the State of Design. The cancellation of an AD, such as AD/P166/35 affecting Piaggio P166 model aircraft, is determined by CASA and becomes effective on a specified date without the need for public consultation due to a reduction in regulatory burden. Such cancellations are authorised under the Act and executed by CASA officials in accordance with relevant legislative provisions.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA (Civil Aviation Safety Authority) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft, as per Annex 8 to the Convention on International Civil Aviation.
Under the Civil Aviation Act 1988 and the associated regulations, CASA has a duty to assess any information provided by the State of Design concerning continuing airworthiness and, if necessary, issue corresponding ADs. This ensures that the requirements for the safety of Australian-registered aircraft are met. For example, CASA issued AD/P166/35 for the Piaggio P166 model aircraft in 1972, but it has now been decided to cancel this directive due to the resolution of the original unsafe condition by AD/GENERAL/74 Amendment 1. As no consultation with the Australian public was required for this AD cancellation due to the reduction of the regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, CASA has followed the appropriate process in issuing this cancellation.
Failure to comply with the requirements set forth in the ADs may result in various consequences. Firstly, the State of Design holds overall responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to ensure safety. Secondly, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. In the event of non-compliance, CASA may take enforcement action, which may include fines, suspension or revocation of certificates of airworthiness, or even prosecution. The maximum penalties for offences under the Civil Aviation Act 1988 vary depending on the specific offence and can range from fines to imprisonment. It is essential that all parties involved, including aircraft owners, operators, and manufacturers, adhere to the ADs to ensure the safety of air navigation in Australia.