AD/PA-18/14 - Rear Fuselage Tail Plane Support Tubes - CANCELLED

Overview

The Civil Aviation Act 1988, enacted by the Parliament of Australia, was introduced to establish a comprehensive framework for the regulation of civil aviation in the country, ensuring safety and efficiency. Under this Act, the Civil Aviation Safety Authority (CASA) was empowered to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft and aeronautical products, as per the Civil Aviation Safety Regulations 1998. One such AD, originally issued by CASA's predecessor, was AD/PA-18/14 affecting Piper PA-18 aircraft. However, in accordance with Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design's responsibility for the continuing airworthiness of aircraft types, CASA reviewed and subsequently cancelled this AD, effective 28 August 2008, without the need for a replacement AD. This cancellation was made in accordance with the legislative processes outlined in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and did not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.

Scope and Application

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the regulation of civil aviation in Australia, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations apply to all aircraft and aeronautical products operating within Australia, ensuring that these entities comply with safety standards and regulations. Specifically, under regulation 39.001, CASA is authorised to issue ADs for certain types of aircraft and aeronautical products to maintain their airworthiness. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are created in accordance with the Legislative Instruments Act 2003. The State of Registry of an aircraft is responsible for ensuring the continuing airworthiness of the aircraft, while the State of Design must provide necessary information to support this. CASA, acting on Australia's obligations under the Convention on International Civil Aviation, has the authority to issue, review, and cancel ADs as required to maintain safety standards. In this instance, CASA cancelled an AD affecting Piper PA-18 aircraft, which will become effective on 28 August 2008, without the need for public consultation or a Regulatory Impact Statement, reflecting the regulatory efficiency and adherence to international obligations.

Key Provisions

The Civil Aviation Act 1988, in particular section 98, empowers the Governor-General to make regulations necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as per subregulation 39.001(5), are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. These directives are crucial for ensuring the continuing airworthiness of aircraft types, a responsibility that falls on the State of Design as per Annex 8 to the Convention on International Civil Aviation. The State of Registry of an individual aircraft, in this case, Australia, is also tasked with ensuring the continuing airworthiness of its aircraft by developing or adopting appropriate requirements. Under this regulatory framework, CASA has the authority to issue airworthiness directives to maintain safety standards. The specific AD/PA-18/14, which pertained to Piper PA-18 aircraft, was issued by CASA’s predecessor and subsequently reviewed and cancelled by CASA. This cancellation was in alignment with Australia’s international obligations under the Convention on International Civil Aviation and became effective on 28 August 2008. Notably, because of the nature of this cancellation and its alignment with international standards, no consultation with the Australian public was deemed necessary. Additionally, the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement. The issuance and cancellation of ADs are governed by strict protocols. The AD/PA-18/14 cancellation was executed by the Manager, Airframes, in the Airworthiness Engineering Group, on behalf of CASA. This action was taken in accordance with subsection 84A(2) of the Civil Aviation Act 1988, ensuring that all regulatory processes were followed meticulously. This legislative and regulatory structure underscores the importance of maintaining high safety standards in civil aviation, balancing domestic regulatory requirements with international commitments.