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-22/22, affecting Piper PA-22 model aircraft, in 1964. 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 and ensure the safety of air navigation in Australia. The Civil Aviation Safety Regulations 1998 were created under the authority of this Act to provide detailed rules and standards for aviation safety. Specifically, the Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legally binding instructions aimed at maintaining the airworthiness of aircraft. The 1988 Act was introduced to address the need for comprehensive legislation governing civil aviation in Australia, ensuring the safety and efficiency of air navigation within the country. The Act is administered by the Parliament of Australia, reflecting the policy objective of safeguarding public safety and maintaining high standards in civil aviation. The issuing of airworthiness directives, as exemplified by AD/PA-22/22 concerning Piper PA-22 model aircraft, demonstrates the practical application of the Act's provisions to maintain aircraft safety standards.
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) concerning specific types of aircraft or aeronautical products. These directives are issued to ensure the continuing airworthiness of aircraft and are aligned with the International Civil Aviation Organization (ICAO) standards as stipulated in Annex 8 of the Convention on International Civil Aviation. ADs are legislative instruments that can be disallowable under the Acts Interpretation Act 1901, and they are subject to the provisions of the Legislative Instruments Act 2003. The State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry, which in turn, must implement measures to ensure the airworthiness of the aircraft within their jurisdiction. CASA, as Australia’s national airworthiness authority, reviews and may issue Australian ADs based on directives from the State of Design. The recent cancellation of AD/PA-22/22, concerning Piper PA-22 model aircraft, exemplifies this process, with CASA determining that the directive is no longer necessary as all affected aircraft have already been modified. This cancellation, which reduces the regulatory burden, did not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD cancellation was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. In accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is important to note that under subregulation 39.001(5), an AD is considered a disallowable instrument, which means it can be subject to disallowance by Parliament, as outlined in section 46A of the Acts Interpretation Act 1901. Moreover, as stated in section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument. These provisions underscore the regulatory framework CASA operates within when issuing ADs to ensure aircraft safety.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type. This includes providing any necessary information to ensure that the type of aircraft remains airworthy to the appropriate States of Registry. In the context of Australian legislation, when the State of Design issues an AD against a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must evaluate this information. If appropriate, CASA may issue an Australian AD to mandate the requirements set forth by the State of Design. This process ensures that Australian-registered aircraft comply with international standards for airworthiness.
The obligations imposed by these regulations on CASA and other entities include the duty to assess and respond to ADs issued by the State of Design. CASA must determine whether the AD is relevant to Australian-registered aircraft and, if so, issue a corresponding Australian AD to enforce the required safety measures. This process involves rigorous evaluation to ensure that the ADs align with the safety standards set by international conventions and Australian legislation. Additionally, CASA is responsible for communicating these requirements to the relevant stakeholders, such as aircraft operators and maintenance providers, to ensure compliance with the ADs.
Failure to comply with an AD can result in severe consequences, including potential offences under the Civil Aviation Act 1988. While the specific penalties for non-compliance with ADs are not detailed in the provided text, it is known that breaches of aviation regulations can lead to significant civil and criminal penalties. For instance, operating an aircraft that does not meet the airworthiness standards set by an AD could result in fines or imprisonment. Additionally, CASA has the authority to take enforcement actions, such as grounding non-compliant aircraft, which can have substantial financial and operational impacts on affected parties. Therefore, adherence to ADs is critical to maintaining the safety and integrity of Australia's aviation industry.