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-20/16 Amendment 1, affecting Piper PA-20 model aircraft in 1987. 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 was enacted to provide a comprehensive legal framework for civil aviation in Australia, ensuring safety and efficiency in air navigation and operations. The Act empowers the Governor-General to create regulations for the safety of air navigation, with a focus on ensuring the continuing airworthiness of aircraft types and individual aircraft. The Civil Aviation Safety Regulations 1998 further delineate the mechanisms for this, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to mandate necessary safety requirements. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively aim to align Australia’s regulatory framework with international standards, particularly those set by the International Civil Aviation Organization (ICAO). The AD cancellation in question, carried out by CASA, reflects the Authority's role in assessing and managing the ongoing airworthiness of aircraft within Australia, ensuring that regulatory measures are both effective and proportionate.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety and airworthiness of aircraft within Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations that serve the interests of air navigation safety, with regulation 39.001 specifically enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are considered disallowable instruments and are classified as legislative instruments under the Legislative Instruments Act 2003. The ADs are crucial for maintaining the continuing airworthiness of aircraft, as stipulated in Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for the airworthiness of an aircraft type, and the State of Registry must implement the necessary requirements for maintaining airworthiness. CASA, as Australia's national airworthiness authority, must evaluate ADs issued by the State of Design and, when appropriate, issue corresponding Australian ADs to enforce these requirements. This ensures compliance with international standards and the effective management of aircraft safety within Australia.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to establish regulations that contribute to the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and consequently, they are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Under the Civil Aviation Act 1988 and its regulations, the State of Design, which is responsible for the design of the aircraft, must ensure the continuing airworthiness of the aircraft type and provide necessary information to the State of Registry, which is responsible for the individual aircraft. This is in line with Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must review information from the State of Design and, if necessary, issue an Australian AD to enforce the design state's requirements. This regulatory framework ensures that both design and registry states have specific roles in maintaining aircraft safety.
In relation to the specific airworthiness directive AD/PA-20/16 Amendment 1, which concerns the Piper PA-20 model aircraft from 1987, CASA has decided to cancel it, effective from 3 July 2008. The decision to cancel this directive was made because the issue it addressed is now well-known to owners and operators, and CASA no longer has evidence of a problem. No consultation with the Australian public was deemed necessary for this cancellation as it reduces the regulatory burden. The Office of Best Practice Regulation has also determined that ADs do not require a Regulatory Impact Statement. This cancellation was authorised under subsection 84A(2) of the Act by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA.
Failure to comply with the requirements of an airworthiness directive can lead to significant legal consequences. Violations of ADs can result in civil penalties, such as fines and potential legal action. In serious cases, non-compliance can also lead to criminal penalties, including imprisonment. The exact penalties depend on the nature and severity of the breach, but the regulations provide a robust framework to ensure aircraft safety and compliance by all stakeholders.