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-22/21, affecting Piper PA-22 model aircraft, in 1963. 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 was enacted to regulate civil aviation in Australia, ensuring the safety of air navigation and the continuing airworthiness of aircraft. This Act empowers the Governor-General to make regulations, including the issuing of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 respectively. The primary objective of these directives is to maintain the safety standards of aircraft and aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). CASA, as the national airworthiness authority, ensures that any ADs issued by the State of Design are appropriately assessed and implemented in Australia. The policy objective is to balance safety and regulatory efficiency, reducing unnecessary regulatory burdens where appropriate, as demonstrated by the cancellation of AD/PA-22/21 without public consultation or the need for a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, which are legislative instruments designed to ensure the continuing airworthiness of aircraft types. These regulations apply to aircraft and aeronautical products, with specific ADs targeting particular types of aircraft or aeronautical products. The ADs are issued by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. The State of Registry of an individual aircraft has the responsibility for its continuing airworthiness, and when the State of Design issues an AD against a type of aircraft on the Australian Register, CASA must assess and, if necessary, issue an Australian AD. The AD/PA-22/21, which affected Piper PA-22 model aircraft, has been cancelled by CASA with the cancellation becoming effective on 3 July 2008, as all affected aircraft would have been modified long ago, negating the need for a replacement AD. No consultation with the Australian public has been required due to the reduction of regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and its accompanying regulations provide a framework for ensuring the safety of air navigation in Australia. Section 98 of the Act empowers the Governor-General to create regulations for this purpose. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are critical in maintaining the continuing airworthiness of aircraft, which is a shared responsibility between the State of Design and the State of Registry.
Under these regulations, CASA is tasked with assessing and potentially issuing Australian ADs when a State of Design issues a directive. This process ensures that Australian-registered aircraft meet international safety standards. For example, CASA issued AD/PA-22/21 in 1963 for Piper PA-22 model aircraft, which has now been reviewed and subsequently cancelled. The cancellation of this AD, effective from 3 July 2008, was determined appropriate because all affected aircraft would have already undergone the necessary modifications.
The obligations imposed by the Act and regulations on the parties involved include ensuring that aircraft meet continuing airworthiness standards. The State of Design must provide necessary information to ensure the airworthiness of an aircraft type, while the State of Registry must develop or adopt requirements to maintain the airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design and decide whether to issue corresponding Australian ADs.
Failure to comply with airworthiness directives can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, potentially leading to civil or criminal penalties. The maximum penalties for such breaches can vary, depending on the severity and intent of the violation. It is crucial for all parties to adhere to the requirements set forth in the ADs to maintain safety standards and avoid legal repercussions.