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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/PA-22/15 Amdt 1 affecting Piper PA-22 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 25 September 2008. No replacement AD is required.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to ensure the safety and efficiency of air navigation within Australia. This legislation provides the framework for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs serve as a critical mechanism for maintaining the safety and airworthiness of aircraft, aligning with the international standards set by the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design with the responsibility for the continuing airworthiness of aircraft types. CASA's role in issuing and managing these directives is pivotal in upholding Australia's commitment to international aviation safety standards. The Civil Aviation Safety Regulations 1998 further clarify that ADs are legislative instruments subject to disallowance, reflecting the legislative intent to maintain rigorous oversight and compliance with safety regulations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products in accordance with section 98 of the Civil Aviation Act 1988, with the overarching aim of ensuring the safety of air navigation. These ADs are legislative instruments that fall under the purview of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these regulations extends to all aircraft registered in Australia and to any aeronautical products used within the country, thereby affecting aircraft manufacturers, operators, and maintenance service providers. The geographic scope of the Civil Aviation Act 1988 and its subordinate regulations is national, aligning with Australia's obligations under the Convention on International Civil Aviation. The State of Registry, in this case CASA, holds responsibility for the continuing airworthiness of individual aircraft, ensuring compliance with international standards. Notably, the issuance and cancellation of ADs, such as AD/PA-22/15 Amdt 1 for Piper PA-22 aircraft, are actions taken by CASA without public consultation, as they are not subject to the requirements for a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These directives are essential for ensuring the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the initial design and airworthiness of an aircraft, must provide necessary information to ensure that the aircraft can maintain its airworthiness throughout its operational life. This information is typically disseminated through ADs, which are a common form of continuing airworthiness information used by ICAO Contracting States.
Entities governed by these regulations, particularly CASA, bear the responsibility of issuing ADs that are necessary for maintaining the safety of air navigation. CASA must ensure that any AD issued complies with the overarching goal of maintaining airworthiness, and it must also comply with the provisions of the Acts Interpretation Act 1901, making ADs disallowable instruments. The State of Registry, which is the state where the aircraft is registered, must also adhere to these regulations by developing or adopting requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. This includes following any ADs issued by CASA.
Failure to comply with the requirements of an AD can have serious consequences. While the specific penalties for non-compliance are not detailed within the text, breaches of airworthiness regulations can lead to severe civil or criminal penalties. The severity of these penalties can vary depending on the nature and extent of the non-compliance, but they are designed to enforce the strict safety standards required in the aviation industry. CASA has the authority to enforce these regulations and can take action against any entity that fails to comply with the ADs issued under regulation 39.001.
In this particular case, CASA issued and subsequently cancelled AD/PA-22/15 Amdt 1 affecting Piper PA-22 aircraft. The cancellation of this AD became effective on 25 September 2008, and no replacement AD is required. This action was taken due to Australia's obligations under the Convention on International Civil Aviation, and it was made by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. It is important to note that no consultation with the Australian public has taken place on this AD cancellation, as determined by the Office of Best Practice Regulation, which found that ADs do not require a Regulatory Impact Statement.