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-22/18, affecting Piper PA-22 model aircraft, in the 1960s. 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, was established to ensure the safety and efficiency of civil aviation within Australia. The Act empowers the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. One of these regulations, under section 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives serve as legislative instruments to maintain the safety standards of aircraft in accordance with international agreements such as Annex 8 to the Convention on International Civil Aviation. The objective of these regulations is to ensure that the continuing airworthiness of aircraft is managed effectively by both the State of Design and the State of Registry, with CASA acting as Australia’s national airworthiness authority.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, provide the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs serve to ensure the continuing airworthiness of aircraft and are mandated under international regulations, particularly Annex 8 to the Convention on International Civil Aviation. The State of Design, where the aircraft is originally designed, holds the responsibility for the ongoing airworthiness and must furnish necessary information to the State of Registry, which in turn ensures compliance with airworthiness standards. CASA, as Australia’s national airworthiness authority, must assess the information from the State of Design and, if necessary, issue corresponding Australian ADs to enforce these requirements. The regulatory scope of these directives extends to all aircraft registered within Australia, ensuring that safety standards are uniformly upheld across the nation. The legislative instruments, such as ADs, are considered disallowable instruments under the Acts Interpretation Act 1901, and thus subject to parliamentary scrutiny. The issuance and cancellation of such directives are carried out by authorised CASA officials in accordance with the legislative framework, ensuring that the regulatory burden is managed effectively and efficiently.
Key Provisions
The Civil Aviation Act 1988 provides a framework for the safety of air navigation, with specific provisions enabling the issuance of airworthiness directives (ADs). Under section 98, the Governor-General has the authority to make regulations that are necessary for the purposes of the Act, ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs serve as crucial tools in maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act and the accompanying regulations are significant for both the State of Design and the State of Registry. The State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type, which includes issuing ADs. Conversely, the State of Registry, which in Australia is CASA, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the required actions to maintain airworthiness. This dual responsibility ensures that aircraft remain safe and airworthy throughout their operational lives.
Failure to comply with the provisions of the Civil Aviation Act and the Civil Aviation Safety Regulations 1998 can result in various consequences, including civil and criminal penalties. While specific penalties are not detailed in the provided text, non-compliance with ADs can lead to severe repercussions, such as grounding of aircraft, fines, and potentially criminal charges. These measures underscore the importance of adhering to airworthiness directives and maintaining the safety standards set forth by the legislation.
CASA's issuance of AD/PA-22/18, which affects Piper PA-22 model aircraft, and its subsequent cancellation, demonstrates the dynamic nature of airworthiness regulation. The cancellation of AD/PA-22/18, effective from 3 July 2008, reflects a reduction in regulatory burden and is based on the premise that all affected aircraft have already been modified. The absence of public consultation on this cancellation was justified by the Office of Best Practice Regulation, which determined that ADs do not necessitate a Regulatory Impact Statement. This decision was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act, highlighting the procedural rigor and authority vested in CASA for airworthiness matters.