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/PA-11/3, affecting Piper PA-11 model aircraft in 1971. 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, enacted by the Australian Parliament, was introduced to ensure the safety and regulation of civil aviation within Australia. This Act empowers the Governor-General to establish regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives (ADs) to maintain the airworthiness of aircraft. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products, which are legislative instruments under the Acts Interpretation Act 1901. The objective of these regulations is to ensure the continuing airworthiness of aircraft and to align with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue Australian ADs to implement the requirements set by the aircraft's State of Design. This legislative framework is designed to maintain the highest safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, applies to entities involved in the operation, design, and maintenance of aircraft registered in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These ADs are legislative instruments and subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs are integral to the continuing airworthiness of aircraft, with the State of Design bearing responsibility for issuing continuing airworthiness information, and the State of Registry tasked with implementing the necessary requirements. CASA, as Australia's national airworthiness authority, is obligated to assess and, where appropriate, issue Australian ADs to enforce the requirements set forth by the State of Design. The cancellation of an AD, such as AD/PA-11/3 for the Piper PA-11 model aircraft, signifies a reduction in regulatory burden and does not necessitate public consultation or a Regulatory Impact Statement. This cancellation was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The main operative sections of this legislation are sections 98 of the Civil Aviation Act 1988 and 39.001 of the Civil Aviation Safety Regulations 1998. Section 98 of the Act empowers the Governor-General to make regulations that are in the interests of air navigation safety, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
These provisions impose several obligations and requirements on CASA and other entities governed by the Act. CASA, as Australia's national airworthiness authority, must assess information from the State of Design regarding continuing airworthiness and, if necessary, issue an Australian AD to enforce the State of Design's requirements. The State of Registry of an individual aircraft is also responsible for ensuring the aircraft's continuing airworthiness by developing or adopting appropriate requirements. Furthermore, the State of Design has an overarching responsibility for the continuing airworthiness of an aircraft type, including the provision of necessary information to ensure airworthiness to appropriate States of Registry.
The Civil Aviation Safety Regulations 1998 establish that ADs are a common form of continuing airworthiness information issued by most ICAO Contracting States. In this context, CASA issued AD/PA-11/3 affecting Piper PA-11 model aircraft in 1971, which has now been cancelled due to the unsafe condition being addressed by another AD. The cancellation of AD/PA-11/3 is effective from 17 January 2008 and does not require a replacement AD. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, and no consultation with the Australian public was necessary for this cancellation as it reduces the regulatory burden.
Any breach of the obligations or requirements set forth in these regulations may lead to civil or criminal consequences. For instance, failure to comply with an AD can result in serious safety issues, potentially leading to penalties under the Civil Aviation Act 1988. The specific penalties for non-compliance with ADs are not detailed in the provided text, but they generally include fines and other enforcement actions that can be pursued by CASA. It is also worth noting that ADs are legally binding instruments, and non-compliance can lead to enforcement actions by CASA, including grounding of the aircraft or other punitive measures.