AD/P68/15 - Fin, Rudder Upper Hinge Attachment Area - Modification - CANCELLED

Overview

The Civil Aviation Act 1988, enacted by the Parliament of Australia, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to create regulations under section 98, which includes the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are crucial for maintaining the safety standards of aircraft and are considered legislative instruments under the Legislative Instruments Act 2003. In line with international standards set by the Convention on International Civil Aviation, the State of Design is responsible for ensuring the continuing airworthiness of aircraft types, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. CASA has the authority to issue, review, and cancel such directives as necessary, in alignment with these international obligations.

Scope and Application

The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, applies to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Specifically, under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is empowered to issue ADs for certain kinds of aircraft or aeronautical products. These ADs are legislative instruments, as stipulated by subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 and section 6 of the Legislative Instruments Act 2003. The issuance of these directives falls within Australia’s obligations under Annex 8 to the Convention on International Civil Aviation, which places responsibility on the State of Design to ensure the continuing airworthiness of aircraft types and on the State of Registry to implement and enforce airworthiness directives for individual aircraft within its jurisdiction. Given the international nature of civil aviation, the application of these regulations extends to all aircraft and aeronautical products within Australia, aligning with global safety standards. The cancellation of specific ADs, such as AD/P68/15 for Partenavia P68 aircraft, reflects adherence to these international obligations and is executed without the need for public consultation or a Regulatory Impact Statement.

Key Provisions

The Civil Aviation Act 1988, in section 98, empowers the Governor-General to create regulations for the safety of air navigation. Under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The obligations imposed by these regulations include CASA's responsibility to issue ADs to ensure the continuing airworthiness of aircraft. CASA must adhere to the standards set by the Convention on International Civil Aviation, specifically Annex 8, which assigns the State of Design the overall responsibility for an aircraft type's continuing airworthiness, and mandates the provision of necessary information to the State of Registry. The State of Registry, in turn, must establish or adopt requirements to ensure that individual aircraft maintain their airworthiness. This was exemplified in the issuance and subsequent cancellation of AD/P68/15 for Partenavia P68 aircraft, which CASA reviewed and cancelled, effective 28 August 2008, without the need for a replacement AD due to Australia's obligations under the Convention. There are no public consultation requirements for the cancellation of ADs as they do not necessitate a Regulatory Impact Statement, according to the Office of Best Practice Regulation. The ADs are created by the Manager, Airframes in the Airworthiness Engineering Group on behalf of CASA, following the provisions of subsection 84A(2) of the Act. While the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail the penalties for non-compliance with ADs, failure to adhere to these directives could lead to safety breaches, potentially resulting in civil or criminal consequences, including fines or imprisonment as stipulated by other relevant Australian legislation. In summary, the key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 focus on the issuance and cancellation of ADs by CASA to ensure the safety and airworthiness of aircraft, in line with international standards. The obligations primarily rest on CASA and the States of Design and Registry to maintain and communicate information necessary for aircraft airworthiness. The consequences of non-compliance with ADs are not explicitly outlined in the provided text but can be inferred to include serious safety, civil, and criminal repercussions.