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’s predecessors issued AD/PA-20/9 affecting Piper PA-20 model aircraft in 1968. USA AD 68-05-01 contains a requirement identical to that in AD/PA-20/9. CASA has become aware of a minor error in identification of the Piper service instruction specified in AD/PA-20/9 and has decided to amend the AD to correct the error, and to add identification of the USA AD. The amendment will become effective on 5 June 2008. This AD cancels and replaces the previous issue.
No consultation with the Australian public has taken place on this AD amendment because the amendment corrects identification of the Piper service instruction and adds identification of the USA AD. 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, Systems and New Technologies 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 establish a comprehensive legal framework for civil aviation in Australia, addressing the need for regulations to ensure the safety of air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act, with a primary focus on the safety of air navigation. The Civil Aviation Safety Regulations 1998 were introduced under the authority of this Act, providing detailed provisions for airworthiness, including the issuance of airworthiness directives (ADs). An AD is a legislative instrument, issued under regulation 39.001 of the Civil Aviation Safety Regulations 1998, and serves as a means for the Civil Aviation Safety Authority (CASA) to mandate safety requirements for specific types of aircraft or aeronautical products. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft in accordance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 outline the responsibilities of the State of Design and the State of Registry in maintaining airworthiness, with CASA acting as Australia’s national airworthiness authority to enforce these standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, as made under the Civil Aviation Act 1988, provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. This regulatory framework is designed to ensure the safety of air navigation and is applicable to all aircraft registered in Australia, as well as to aeronautical products that are manufactured, maintained, or repaired within Australian jurisdiction. The ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. They serve as a critical mechanism for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The State of Design, typically the country where the aircraft is designed, is responsible for issuing ADs, while the State of Registry, in this case, Australia, is tasked with implementing and enforcing these directives. The ADs are particularly relevant to aircraft manufacturers, operators, maintenance organisations, and other entities involved in the aviation industry. Notably, the ADs do not require consultation with the Australian public or a Regulatory Impact Statement when amendments are purely technical corrections or involve the identification of equivalent international directives. This specific AD amendment, correcting an error in a previous directive concerning Piper PA-20 model aircraft, was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations on parties include ensuring the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, requiring them to provide necessary information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to maintain the airworthiness of individual aircraft. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Non-compliance with the ADs can result in various consequences, although the specific provisions regarding penalties or enforcement are not detailed in the provided text. However, considering the legislative nature of ADs and their importance for safety, failure to comply could potentially lead to civil or criminal penalties. Such penalties could include fines or other regulatory actions, reflecting the seriousness of ensuring airworthiness and safety in aviation.
Given that the amendment to AD/PA-20/9 corrects an error and adds the identification of the USA AD, there was no requirement for public consultation, as confirmed by the Office of Best Practice Regulation. The AD has been issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch of CASA, in line with subsection 84A(2) of the Act, ensuring it adheres to the legal framework governing airworthiness directives.