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.
The USA FAA has issued AD 99-10-06 affecting Piper PA 18 aircraft. USA is the State of Design for this type. CASA has assessed this AD and as a result has cancelled Australian AD/PA-18/4, Amendment 6. The cancellation will become effective on 13 April 2006. No replacement AD is required, as the original unsafe condition has been corrected by CASA AD/PA-18/13 Amendment 5.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes, in the Manufacturing, Certification and New Technologies Office, 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. The Act provides the legal framework for the operation and oversight of civil aviation activities, including the issuance of airworthiness directives (ADs) to ensure the ongoing safety of aircraft. In accordance with section 98 of the Act, the Governor-General has the authority to make regulations for the purposes of the Act, and the Civil Aviation Safety Regulations 1998 further detail the procedures for issuing ADs. These regulations were made under the authority of the Civil Aviation Act and aim to maintain the highest safety standards in air navigation. The Civil Aviation Safety Authority (CASA) is responsible for assessing and implementing ADs in response to international safety directives, ensuring that Australian aircraft meet the necessary safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998 apply to all persons, entities, and industries involved in civil aviation in Australia, including aircraft operators, manufacturers, and maintenance providers. Under regulation 39.001, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as part of its role in ensuring the safety of air navigation. The ADs are considered legislative instruments under the Legislative Instruments Act 2003, and they serve as a means for CASA to mandate safety requirements for aircraft registered in Australia. The application of these regulations is national, aligning with Australia's commitments under the Convention on International Civil Aviation, particularly through the responsibilities of the State of Registry and State of Design. Exclusions or exemptions from these regulations are not specified in the given text, and the application of ADs may be further extended or restricted through subordinate instruments, although no specific details on this are provided.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Act, the Governor-General is empowered to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations allows CASA to issue ADs for types of aircraft or aeronautical products. This regulatory power is further clarified by subregulation 39.001(5) which states that ADs are disallowable instruments under the Acts Interpretation Act 1901 and thus are considered legislative instruments in accordance with the Legislative Instruments Act 2003.
The obligations imposed by these provisions on CASA include ensuring that they assess any ADs issued by the State of Design, which is the State responsible for the design of a particular aircraft type. In the case of the USA being the State of Design for Piper PA 18 aircraft, CASA must review the AD issued by the Federal Aviation Administration (FAA) and determine whether it is necessary to issue an Australian AD to enforce the same requirements domestically. This is to ensure the continuing airworthiness of aircraft registered in Australia, as mandated by Annex 8 to the Convention on International Civil Aviation. CASA's role includes the assessment of the AD and the subsequent issuance, amendment, or cancellation of Australian ADs based on this evaluation.
The consequences for non-compliance with ADs can be severe. Operators of affected aircraft who fail to comply with the requirements of an AD can face both civil and criminal penalties. Civil penalties may include fines and the potential grounding of aircraft, which can have significant financial implications for operators. Criminal penalties can include imprisonment for individuals who are found guilty of operating an aircraft that does not meet the safety standards prescribed by an AD. The exact penalties are not specified in the provided text but can be substantial, reflecting the seriousness with which the authorities treat non-compliance with airworthiness directives.
In this specific case, CASA has cancelled Australian AD/PA-18/4, Amendment 6, in response to the USA FAA's AD 99-10-06 for Piper PA 18 aircraft. This cancellation, which becomes effective on 13 April 2006, is due to the correction of the original unsafe condition by CASA AD/PA-18/13 Amendment 5, and therefore, no replacement AD is required. The process for issuing and cancelling ADs, while critical for aviation safety, does not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review. The AD was made by the Manager, Airframes, on behalf of CASA, in accordance with subsection 84A(2) of the Act, ensuring that the decision-making process adheres to the established legislative framework.