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-20/12, affecting Piper PA-20 model aircraft in 1977. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 3 July 2008. No replacement AD is required, as the issue is now well known to owners and operators, and CASA no longer has evidence of a problem.
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 Commonwealth Parliament, serves to regulate civil aviation within Australia, aiming to ensure the safety and efficiency of air navigation. One of the key components of this legislation is the Civil Aviation Safety Regulations 1998, which provide the framework for issuing airworthiness directives (ADs) to ensure the safety and airworthiness of aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations necessary for the safety of air navigation, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. The policy objective of these regulations is to maintain and enhance the safety standards of civil aviation in Australia, in alignment with international standards set by the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, enable the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are legislative instruments subject to disallowance. These regulations are integral to ensuring the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the airworthiness of an aircraft type, while the State of Registry is responsible for the individual aircraft's airworthiness. CASA, as Australia's national airworthiness authority, must issue ADs if necessary to comply with international standards. The specific AD/PA-20/12 concerning Piper PA-20 model aircraft from 1977 has been reviewed and subsequently cancelled by CASA, effective from 3 July 2008. The decision to cancel the AD was made without public consultation due to the reduction in regulatory burden, and it has been determined that no Regulatory Impact Statement was required. This cancellation reflects CASA's assessment that the identified issue is now well understood by owners and operators, and there is no longer evidence of a problem.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 allow the Governor-General to make regulations for air navigation safety, and under regulation 39.001, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for types of aircraft or aeronautical products (Civil Aviation Act 1988 s 98, Civil Aviation Safety Regulations 1998 r 39.001). These ADs are considered legislative instruments as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are subject to the Legislative Instruments Act 2003 (Civil Aviation Safety Regulations 1998 r 39.001(5)).
The obligations imposed by these regulations require the State of Design to take overall responsibility for the continuing airworthiness of an aircraft type, providing necessary information to the States of Registry (Annex 8 to the Convention on International Civil Aviation). The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This ensures that Australian-registered aircraft comply with the necessary safety standards (Annex 8 to the Convention on International Civil Aviation).
In the specific case of AD/PA-20/12, which affected Piper PA-20 model aircraft from 1977, CASA has reviewed the directive and decided to cancel it, effective from 3 July 2008. This decision was made because the issue addressed by the AD is now well known to owners and operators, and CASA no longer has evidence of the problem. As this cancellation reduces the regulatory burden, no consultation with the Australian public was required, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act (Civil Aviation Act 1988 s 84A(2)).
Failure to comply with airworthiness directives can result in serious legal consequences. Under the Civil Aviation Act 1988, an aircraft must not be flown unless it complies with applicable ADs (Civil Aviation Act 1988 s 97). Non-compliance can lead to enforcement actions by CASA, including fines, grounding of aircraft, and potential criminal charges. The maximum penalties for contravening airworthiness regulations can be substantial, with fines reaching up to $1.1 million for corporations and $220,000 for individuals, along with potential imprisonment terms. These stringent measures underscore the importance of adhering to ADs to maintain the safety and airworthiness of aircraft.