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, the Civil Aviation Safety Authority (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.
CASA raised AD/P68/32 in 1989 to correct problems with the stabilator trim system on Partenavia P68 aircraft. As a result of a review of the AD, it has been amended to eliminate from the applicability aircraft which have been modified by the manufacturer to overcome the problem. As such, the amendment reduces the regulatory impact of the AD. This AD becomes effective on 20 November 2008 and cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public, because amendment reduces the regulatory burden of the AD.
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 and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was established to ensure the safety and efficiency of civil aviation in Australia. The Act provides a legislative framework for regulating various aspects of civil aviation, including airworthiness directives (ADs) which are critical for maintaining the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft and aeronautical products. These ADs serve as legislative instruments, reflecting the overarching goal of ensuring aviation safety as per international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988 and its associated regulations thus play a pivotal role in safeguarding air navigation and public safety by enforcing stringent airworthiness standards and procedures.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation, with the Civil Aviation Safety Authority (CASA) playing a pivotal role in regulating the airworthiness of aircraft and aeronautical products. Under section 98 of the Act, the Governor-General has the authority to issue regulations that contribute to the safety of air navigation, and regulation 39.001 specifically empowers CASA to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and oversight as per the Legislative Instruments Act 2003. The ADs align with international standards set out in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must ensure the continuing airworthiness of aircraft types and provide necessary information to States of Registry. The State of Registry, in turn, is responsible for ensuring the continuing airworthiness of individual aircraft. The recent amendment to AD/P68/32, which addresses issues with the stabilator trim system on Partenavia P68 aircraft, exemplifies CASA's commitment to safety by refining regulatory measures to target only those aircraft still affected by the identified problems.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations that ensure the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as legislative instruments as per section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Essentially, ADs are regulatory mandates that aim to maintain the airworthiness of aircraft by addressing safety concerns or necessary modifications.
These airworthiness directives are governed by a clear set of obligations and requirements. The State of Design, which is the country where an aircraft is designed, has the primary responsibility for ensuring the ongoing airworthiness of that aircraft type. This includes providing necessary information to the State of Registry, which is the country where the aircraft is registered and operates. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. CASA, as the regulatory authority, issues ADs to address specific issues or implement required modifications.
Failure to comply with an airworthiness directive can result in various civil and criminal consequences. Although specific penalties are not detailed in the provided text, non-compliance with ADs can typically lead to enforcement actions, fines, or other regulatory sanctions. The severity of these penalties may depend on the nature and extent of the non-compliance. CASA has the authority to take action against entities that fail to adhere to the directives, ensuring that safety standards are met across the aviation industry.
In this particular instance, CASA issued AD/P68/32 in 1989 to address issues with the stabilator trim system on Partenavia P68 aircraft. After a review, the directive was amended to exclude aircraft that had already been modified by the manufacturer to resolve the problem. This amendment reduces the regulatory burden of the AD and was implemented without consultation with the Australian industry and public, as deemed necessary by CASA. The Office of Best Practice Regulation has determined that these ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.