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-22/16, affecting Piper PA-22 model aircraft, in the early 1961. 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 all affected aircraft would have been modified long ago.
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, addresses the overarching safety and regulation of civil aviation within Australia. This Act enables the creation of regulations aimed at ensuring the safety of air navigation, which includes the issuance of airworthiness directives to maintain the airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further detail the requirements and procedures for such directives, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue these directives for specified aircraft types or aeronautical products. The objective of these regulations is to align with international standards, particularly those set forth in Annex 8 to the Convention on International Civil Aviation, ensuring that Australian practices are consistent with global safety protocols.
The Civil Aviation Safety Regulations 1998 provide CASA with the authority to issue airworthiness directives, which are legislative instruments under the Acts Interpretation Act 1901. The issuance of these directives is crucial for maintaining the safety and airworthiness of aircraft registered in Australia, especially when corresponding directives are issued by the State of Design. The recent cancellation of AD/PA-22/16, which affected Piper PA-22 model aircraft, exemplifies CASA's role in ensuring that Australian regulations reflect the most current safety standards and practices, thereby mitigating any unnecessary regulatory burdens.
Scope and Application
The Civil Aviation Act 1988, as supported by the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 further detailing these provisions. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments that aim to maintain the continuing airworthiness of aircraft, aligning with international standards under Annex 8 to the Convention on International Civil Aviation. The State of Design of an aircraft bears the primary responsibility for ensuring its continuing airworthiness, while the State of Registry, in this case CASA as Australia’s national airworthiness authority, is tasked with implementing and enforcing these regulations on aircraft registered in Australia. The issuance, review, and potential cancellation of ADs are integral to maintaining safety standards, as demonstrated by the recent cancellation of AD/PA-22/16 for Piper PA-22 model aircraft, which will take effect on 3 July 2008, and which does not necessitate a Regulatory Impact Statement or public consultation due to the minimal regulatory burden it imposes.
Key Provisions
The Civil Aviation Act 1988, through section 98, authorises the Governor-General to create regulations necessary for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft types and aeronautical products. As per subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, thus, legislative instruments under section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are vital for ensuring the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the ongoing airworthiness of an aircraft type, requiring them to provide necessary information to States of Registry. Conversely, the State of Registry, in this case CASA acting on behalf of Australia, must establish or adopt regulations to maintain the airworthiness of registered aircraft. When a State of Design issues an AD, CASA must evaluate this information and, if deemed necessary, issue a corresponding Australian AD to enforce the State of Design's requirements.
CASA issued AD/PA-22/16 in the early 1960s, which affected Piper PA-22 model aircraft. After a review, CASA decided to cancel this AD, effective from 3 July 2008. This cancellation does not necessitate a replacement AD, as all affected aircraft have likely undergone the required modifications long ago. Given that the cancellation reduces the regulatory burden, no consultation with the Australian public was required. Additionally, the Office of Best Practice Regulation has determined that ADs do not need 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.
Non-compliance with ADs can lead to severe consequences. Under the Civil Aviation Act 1988, failure to adhere to an airworthiness directive can result in significant penalties. Specifically, section 132 imposes penalties for non-compliance, with maximum fines and imprisonment terms for serious offences. Additionally, the Act provides for both civil and criminal liabilities, including potential damages for personal injury or property damage resulting from non-compliance. The Civil Aviation Safety Regulations 1998 further detail the enforcement mechanisms and consequences for breaches, ensuring that airworthiness standards are rigorously maintained.