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-18/7, affecting Piper PA-18 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, is a comprehensive piece of legislation designed to regulate civil aviation within Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations in the interests of air navigation safety, as seen in the Civil Aviation Safety Regulations 1998. Under section 98 of the Act, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are critical for maintaining the continuing airworthiness of aircraft, ensuring compliance with international standards set by the Convention on International Civil Aviation. The objective of these regulations is to mandate safety measures and address any unsafe conditions that may arise, thereby protecting public safety and maintaining high standards in the aviation industry.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) aimed at ensuring the safety of air navigation. These directives apply to specific types of aircraft or aeronautical products and are issued to mandate continued airworthiness, reflecting the obligations under Annex 8 to the Convention on International Civil Aviation. The scope of these regulations is national, impacting all aircraft registered in Australia, and extends to entities and individuals involved in the operation, maintenance, and certification of aircraft within the Australian jurisdiction. The application of ADs is thorough, as CASA, acting as the national airworthiness authority, must assess and potentially issue Australian ADs when a State of Design issues corresponding directives for aircraft types on the Australian Register. While the issuance of ADs is a legislative instrument and subject to disallowance, the practical application and cancellation of such directives, as seen with AD/PA-18/7 for Piper PA-18 model aircraft, is executed without public consultation, particularly when resulting in a reduction of regulatory burden. This streamlined process reflects CASA's duty under the Act to mitigate unnecessary regulatory impacts while maintaining the highest safety standards.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs). Under section 98 of the Act, the Governor-General can make regulations for air navigation safety, which includes issuing ADs through regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulation allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that these ADs are disallowable instruments, making them legislative instruments under section 6 of the Legislative Instruments Act 2003.
These ADs are essential for maintaining the continuing airworthiness of aircraft, as stipulated under Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the design of an aircraft, must provide necessary information to ensure the continuing airworthiness of an aircraft type. The State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to ensure the airworthiness of that aircraft within its jurisdiction. When the State of Design issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
CASA issued AD/PA-18/7 in 1971, affecting Piper PA-18 model aircraft, but has since reviewed and decided to cancel this AD, effective from 17 January 2008. The cancellation of AD/PA-18/7 is due to the original unsafe condition being addressed by AD/GENERAL/74 Amendment 1, thus no replacement AD is required. As this cancellation reduces the regulatory burden, no consultation with the Australian public was deemed necessary. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD cancellation was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This process ensures that the authority issuing the AD has the necessary expertise and that the cancellation aligns with the legislative framework.
The obligations imposed by these regulations include the responsibility of the State of Design to provide continuing airworthiness information and the State of Registry to implement and enforce these requirements. CASA's role is to assess and issue Australian ADs when necessary, ensuring compliance with international standards. CASA must also ensure that any ADs issued are reviewed periodically to determine if they are still necessary or if they can be cancelled. This process ensures that the regulatory framework remains effective and relevant to current safety standards.